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HomeMy WebLinkAbout20250769.tiffResolution Approve Consent to Assignment and Assumption of Agreement for Professional Services for Older Americans Act (OAA) In -Home Services Voucher Program from Thousand Peaks Healthcare, Inc., dba Elevate Home Care, to Granite Healthcare, Inc., dba Namaste Home Care, 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, Thousand Peaks Healthcare, Inc., dba Elevate Home Care, desires to assign the current Agreement for Professional Services for Older Americans Act (OAA) for In -Home Services Voucher Program to Granite Healthcare, Inc., dba Namaste Home Care, and Whereas, the Board has been presented with a Consent to Assignment and Assumption of the Agreement for Professional Services for the Older Americans Act (OAA) In -Home Services Voucher Program among 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, Thousand Peaks Healthcare, Inc., dba Elevate Home Care, and Granite Healthcare, Inc., dba Namaste Home Care, commencing upon full execution of signatures, 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 Consent to Assignment and Assumption of the Agreement for Professional Services for the Older Americans Act (OAA) In -Home Services Voucher Program among 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, Thousand Peaks Healthcare, Inc., dba Elevate Home Care, and Granite Healthcare, Inc., dba Namaste Home Care, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc'. 1-1 SD O3/26/25 2025-0769 HR0097 Consent to Assignment and Assumption of Agreement for Professional Services for Older Americans Act (OAA) In -Home Services Voucher Program from Thousand Peaks Healthcare, Inc., dba Elevate Home Care, to Granite Healthcare, Inc., dba Namaste Home Care Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 19th day of March, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-0769 H R0097 Cbnivaci- INIc of U BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Assumption of Agreement for Professional Services with Granite Home Care dba Namaste Home Care DEPARTMENT: Human Services DATE: March 11, 2025 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting approval of the Assumption of Agreement for Professional Services with Thousand Peaks Healthcare, Inc. dba Elevate Home Care. Elevate Home Care is a provider of In -Home Services for older adults through the Home and Community Support - Area Agency on Aging (AAA) division, this Agreement is known as Tyler ID 2024-2616. Thousand Peaks Healthcare, Inc. dba Elevate Home Care was assumed by Granite Home Care dba Namaste Home Care. This Assumption Agreement transitions all services and responsibilities of the original agreement to the new owners of the company. What options exist for the Board? Approval of the Assumption of Agreement for Professional Services with Granite Home Care dba Namaste Home Care. Deny approval of the Assumption of Agreement for Professional Services with Granite Home Care dba Namaste Home Care. Consequences: AAA will not have a current contract in place with this vendor for In -Home Services for our older adult population. Impacts: AAA may not be able to provide In -Horne services for older adults that require services. Costs (Current Fiscal Year/ Ongoing or Subsequent Fiscal Years): • Funded through Colorado Older Americans Act Recommendation: • Approval of the Assumption Agreement and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross 6`' 2025-0769 Pass -Around Memorandum; March 11, 2025 - CMS ID 9190 ASSUMPTION OF AGREEMENT FOR PROFESSIONAL SERVICES Whereas, Thousand Peaks Healthcare, Inc. dba Elevate Home Care, (the "Contractor), and the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services (the "County"), entered into an Agreement, identified by the Clerk to the Board as 2024x616 , dated October 2, 2024, incorporated here by this reference (the "Agreement"), wherein Contractor will provide Home Care Services, and; Whereas, Thousand Peaks Healthcare, Inc. dba Elevate Home Care desires to assign all of its rights and obligations under the Agreement to Granite Healthcare Inc. dba Namaste Home Care, as of January 1, 2025 and Whereas, Granite Healthcare Inc. dba Namaste Home Care intends to benefit the County by promising to perform all terms and conditions under the Agreement. Now, therefore, in consideration of the County's approval and other mutual covenants and agreements expressed in the Agreement, Granite Healthcare Inc. dba Namaste Home Care does hereby covenant and agree to assume al obligations, responsibilities, and terms of the Agreement and hereby becomes the Contractor under the Agreement. Attached is Exhibit A representing Seller's Closing Certificate and Exhibit B representing Buyer's Closing Certificate for this Assumption agreement. The Executive Director of Thousand Peaks Healthcare, Inc. dba Elevate Home Care will continue as Executive Director of Granite Healthcare Inc. dba Namaste Home Care. Further, Granite Healthcare Inc. dba Namaste Home Care submits to the Department herewith, the proof of insurance as required in Section Paragraph 13 of the Agreement. Granite Healthcare Inc. dba Namaste Home Care Jackie zilikgYa f By. Jackie Zinkgraf (Mar 10, Z 14:0 MDT) Jackie Zinkgraf, Executive Director Thousand Peaks Healthcare, Inc. dba Elevate Home Care, the current Contractor, hereby requests the assignment of the above described Agreement from Thousand Peaks Healthcare, Inc. dba Elevate Home Care to Granite Healthcare Inc. dba Namaste Home Care with respect to the Agreement. Thousand Peaks Healthcare, Inc. dba Elevate Home Care Jackie zinkpa f By. Jackie Zinkgraf (Mar 10, 2075 14:0 MDT) Jackie Zinkgraf, Executive Director The County hereby consents to the above -described assignment from Thousand Peaks Healthcare, Inc. dba Elevate Home Care to Granite Healthcare Inc. dba Namaste Home Care of the Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: BY: d.0,1,A) Clerk to the Board eputy Clerk to the Boa �- �►� l . /_ ,� %rry L. uck, Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAR 1 9 2025 2o7.5-0-14)9 EXHIBIT A SELLER CLOSING CERTIFICATE February 1, 2024 Reference is made to that certain Agreement for Purchase and Sale of Assets and Transfer of Operations dated February 1, 2024 (the "PSA"), by and between Thousand Peaks Healthcare Inc, a Nevada corporation ("Seller") and Granite Healthcare Inc., a Nevada corporation ("Buyer"). Terms not otherwise defined herein shall have the meaning ascribed to them in the PSA. I, Brian Wayment, do hereby certify that I am the duly elected and acting President of the Seller, Thousand Peaks Healthcare Inc. d/b/a Elevate Home Care (the "Company'), and that I am authorized to execute and deliver this Certificate on behalf of the Seller. In my capacity as President of the Seller, I do hereby certify that the representations and warranties made by the Buyer in the PSA are true and correct as of the Closing Date and as though each and such representation and warranty had been made on the closing date. IN WITNESS WHEREOF, I have signed this Offer's Certificate on behalf of the Buyer as of the date first written above. THOUSAND PEAKS HEALTHCARE INC By: .�--- Nam : rian a m nt Title: President SELLER CLOSING CERTIFICATE - NAMASTE HOME CARE EXHIBIT B BUYER CLOSING CERTIFICATE February 1, 2024 Reference is made to that certain Agreement for Purchase and Sale of Assets and Transfer of Operations dated February 1, 2024 (the "PSA"), by and between Thousand Peaks Healthcare Inc, a Nevada corporation ("Seller") and Granite Healthcare Inc., a Nevada corporation ("Buyer"). Terms not otherwise defined herein shall have the meaning ascribed to them in the PSA. I, John Gochnour, do hereby certify that I am the duly elected and acting President of the Buyer, and am authorized to deliver this Certificate on behalf of the Buyer. In my capacity as President of the Buyer, I do hereby certify that the representations and warranties made by the Buyer in the PSA are true and correct as of the Closing Date and as though each and such representation and warranty had been made on the closing date. IN WITNESS WHEREOF, I have signed this Offer's Certificate on behalf of the Buyer as of the date first written above. GRANITE HEALTHCARE INC By: 12 ,12saeD Name: John Gochnour Title: President BUYER CLOSING CERTIFICATE - NAMASTE HOME CARE SIGNATURE REQUESTED: Weld/Namaste Assumption Agreement Final Audit Report 2025-03-10 Created: 2025-03-10 By: Sara Adams (sadams@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAACjKUBesIL774w8Ze21n04r3ScWGlgO-s "SIGNATURE REQUESTED: Weld/Namaste Assumption Agree ment" History t Document created by Sara Adams (sadams@weld.gov) 2025-03-10 - 7:56:13 PM GMT- IP address: 204.133.39.9 C-.. Document emailed to jackie.zinkgraf@namaste-health.com for signature 2025-03-10 - 7:59:40 PM GMT ,n Email viewed by jackie.zinkgraf@namaste-health.com 2025-03-10 - 8:00:01 PM GMT- IP address: 104.47.55.254 de Signer jackie.zinkgraf@namaste-health.com entered name at signing as Jackie Zinkgraf 2025-03-10 - 8:00:29 PM GMT- IP address: 20.150.148.99 de Document e -signed by Jackie Zinkgraf (jackie.zinkgraf@namaste-health.com) Signature Date: 2025-03-10 - 8:00:31 PM GMT - Time Source: server- IP address: 20.150.148.99 o Agreement completed. 2025-03-10 - 8:00:31 PM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information Entity Name* NAMASTE HOME CARE Entity ID* @00048293 Contract Name* NAMASTE HOME CARE - ASSUMPTION AGREEMENT Contract Status CTB REVIEW Contract ID 9190 Contract Lead* SADAMS O New Entity? Parent Contract ID 20242616 Requires Board Approval YES Contract Lead Email Department Project # sadams@weld.gov;cobbx xlk@weld.gov Contract Description* ASSUMPTION AGREEMENT BETWEEN THOUSAND OAKS HEALTHCARE DBA ELEVATE HOME CARE AND GRANITE HOME CARE DBA NAMASTE HOME CARE. Contract Description 2 PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 3/11/2025. Contract Type* Department AGREEMENT HUMAN SERVICES Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 03/15/2025 03/19/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 04/30/2025 Committed Delivery Date Renewal Date Expiration Date* 06/30/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH DH Approved Date 03/12/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/19/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 03/12/2025 03/12/2025 Tyler Ref # AG 031925 Originator SADAMS Hello