HomeMy WebLinkAbout20151918.tiffOlao-f-ratt
PRIVILEGED AND CONFIDENTIAL
MEM
UM
DATE: April 16, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Fiscal Year 2019-20 Purchase of Service
Agreement Amendments for the Area Agency on Aging Outreach
Services
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Department's Fiscal Year (FY) 2019--20 Purchase of Service Agreement
Amendments for the Area Agency on Aging (AAA) Outreach Services. AAA wishes to continue to
purchase outreach services through Older Americans Act funding. The vendors noted below were initially
brought under contract in FY2015-16 and have been renewed each year thereafter (FY2016-17 - FY2019-20),
AAA has received additional funding, which has resulted in amendments to North Range Behavioral Health and
Meals on Wheels' agreements, as both providers would run out of funding prior to the end of the fiscal year.
Below are the provisions of said amendments, effective March 1, 2019.
CMS
1D
Vendor
Service
Rate(s)/Unit
Maximum
Reimbursement
__
Description
2572
North
Health
Range Behavioral
Peer Counseling
Services
$24.64/Hour
$15,000.00
2573
Meals
on Wheels
Purchase
Delivery
and
of Meals
$9.15/Meal
$35,000.00
I do not recommend a Work Session. I recommend approval of these amendments.
Sean P. Conway
Mike Freeman, Pro -Tern
Scott James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Schedule
Recommendation Work Session
yrke
Other/Comments:
Pass -Around Memorandum; April 16, 2019 CMS (2572 & 2573) Page 1
v
1,4-122oi
a.,e(NSb)
6;46q5-
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND MEALS ON WHEELS
This Agreement Amendment, made and entered into 42 da of
2019by and between the Board of
Weld County Commissioners, on behalf of the Weld County Department of Kunsan Services, Area Agency on Aging,
hereinafter referred to as the "AAA", and Meals on Wheels, hereinafter referred to as the "MOW".
WHEREAS the parties entered into an Agreement to purchase and deliver home delivered meal services, identified
by the Weld County Clerk to the Board of County Commissioners as document No. 2015-1918, approved on July 1. 2015.
WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of
the Original Agreement and the previous amendment, which are incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The terms of this agreement amendment will extend through June 30, 2019. This amendment will terminate in the
event of loss of funding.
• This Amendment, together with the Original Agreement and previous amendments, constitutes the entire
understanding between the parties. The following change is hereby made to the agreement documents:
1.The AAA hereby agrees to award grant monies in the sum of $215,000.00 ($167,553.00 Older Americans Act and
$47,447.00 Older Coloradoans Fund) to provide a minimum total of 26,325 units of services for eligible homebound
seniors for the period of July 1, 2018 — June 30, 2019. The AAA agrees to reimburse "MOW" at a rate of $8.00 per
meal served for the period of July 1, 2018 — December 31, 2018, and an increased rate reimbursement of $9.15 per
meal served for January 1, 2019 — June 30, 2019.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above
written.
ATf • ddri4/1) 4,
Wel. o Clerk to
By:
Deputy
Weld County Area Agency on Aging
Kelly o on, 'vision Head
f OT JNTY;
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO DO
ibara Kirkmeyer, C air
UN 1 2 201
CONTItIACTOl4
Meals on Wheels
2131 9`1. Street
Greeley, CO 80631
Michelle Dwyer, Executive ! irector
Date
.(17-.4-c eel 64(.64,2t4i-s-D)
to -/oz—/ /az, /
02.0 /
>tk-oo IC
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
ut /9a°
DATE: June 19, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Fiscal Year 2018-19 Purchase of Service
Agreement Amendments for the Area Agency on
Aging Outreach Services
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Fiscal Year 2018-19 Purchase of Service
Agreement Amendments for the Area Agency on Aging (AAA) Outreach Services. AAA
wishes to continue to purchase outreach services through Older Americans Act funding. The
vendors noted below were initially brought under contract in FY2015-16 and have been renewed
each year thereafter (FY20 16-17 and FY2017-18). They are being renewed a third term for the
period of July 1, 2018, through June 30, 2019, for the services and amounts noted below.
Vendor
Service
Description
Rate(s)/Unit
Maximum
CMS
ID
Reimbursement
Catholic
Community
the
Denver
Archdiocese
Charities
Services
of
and
for
Services
Hispanic
Adults
Case
Management
for
Older
$33.00/Hour
$40.00/Hour
$160,000.00
1917
Colorado
Legal
Services
Leal
Services
$100.00/Hour
$63,000.00
1918
Commission
ABA
Greeley
Now,
Gopher
LLC
"Transportation
Senior
Program
Services
Nutrition
-
$8,419.00/Month
(Plus
surcharge.)
fuel
$101,028.00
surcharge.)
(Plus
fuel
1919
1920
Meals
on Wheels
Purchase
Delivery
and
of
Meals
$8.00/Meal
$180,000.00
North
Health
Range
Behavioral
Peer
Services
Counseling
$22.94/Hour
$90,000.00
1921
Senior
Services
Resource
Services
Transportation
$12.55/Ride
(One-way)
$90,000.00
1922
1923
University
Colorado
of
Northern
Dining
Senior
Program
Nutrition
-
Meals
$2.71/Serving
(Salad
$6.57/Meal
Bar)
N/A
--
Services
Pass -Around Memorandum; June 19, 2018 -- ID (Various)
eA;)_t
7-32 -41
7 -O0 - if
Page 1
PRIVILEGED AND CONFIDENTIAL
I do not recommend a Work Session. I recommend approval of these amendments and authorize the
Director and Chair to sign.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve
Recommendation Work Session
Schedule
•
Other/Comments:
Pass -Around Memorandum; June 19, 2018 -- ID (Various) Page 2
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND MEAL ON WHEELS
This Agreement Amendment, made and entered in t J day
County Commissioners, on behalf of the Weld County Department of
referred to as the "AAA", and Meals on Wheels, hereinafter referred to as
, 2018, by and between the Board of Weld
rvices, Area Agency on Aging, hereinafter
WHEREAS the parties entered into an Agreement to purchase and deliver home delivered meal services (the
"Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015-
1918, approved on July 1, 2015.
WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of
the Original Agreement and the previous amendment, which are incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The terms of this agreement will extend from July 1, 2018 through June 30, 2019. This amendment will terminate
immediately in the event of loss of funding.
• This Amendment, together with the Original Agreement and previous amendments, constitutes the entire
understanding between the parties. The following change is hereby made to the agreement documents:
J . The AAA hereby agrees to award grant monies in the sum of $180,00 ($167,553 Older Americans Act and Older
Coloradoan Funds $12,447) . AAA will reimburse "MOW" $8.00 per meal served. "MOW" agrees to provide a
total of 22,500 units of services for eligible homebound seniors.
2. AAA will no longer award MOW a percentage of the Nutrition Services Incentive Program but rather fund the
program using the above indicated funding sources.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHE)EOF, the parties hgreto hay duly executed the Agreement as of the day, month and year first above written
•
ATTEST:
Wel nty Clerk to the B
Deputy Clerk
WELD COUNTY AREA AGENCY ON AGING
Eva M. Jewell, D` isi Head
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD Cs NCOLORDO
e Moreno, Chair
ONTRACTQR:
eals on Wheels
2131 9th Street
Greeley, CO 80631
JUL 3 0 2018
Michelle Dwyer, Executive Dir- c or
Date
1�
LoieCfrack ID/7ciZT
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: May 3, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services' Professional
Services Agreement Amendment with Meals on Wheels
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Department's Amendment to Area Agency on Aging Agreement with
Meals on Wheels. The Area Agency on Aging (AAA) entered into an agreement with Meals on Wheels, Tyler
number 2015-1918, to provide hot meals to homebound seniors. AAA obtained additional State Senior
Services funds, and would like to use them to increase the Meals on Wheels contract amount from $95,000.00
to $121,000.00, in order to provide additional meals. Total number of meals to be provided by the end of the
fiscal year, June 30, 2018, with the increase in funding, will be 15,125 at $8.00 per meal.
I do not recommend a Work Session. I recommend approval of this Amendment.
Schedule Other/Comments:
Recommendation Work Session
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -tern
Steve Moreno, Chair
Approve
rn�
Pass -Around Memorandum; May 3, 2018 — CMS ID 99 Page
C___Onserl* -ft 00'5-19 te
05ltCo! 4g' HROOeCo
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND MEAL ON WHEELS
This Apeanent Amendiaanl, made sad entered intoirdday of ?918, by and between the Board of Weld
County Commissioners, on behalf of the Weld County Department of Human Area Agency on Aging, hereinafter
referred to as the "AAA", and Meals on Wheels, hereinafter referred to as the "MOW".
WHEREAS the potties entered into an Agreement to purchase and deliver home delivered meal services (the
"Original Apacment") identified by the Weld County Cart to the Board of County Commissioners as dor: anent No. 2015-
1918, appeoved on July 1, 2015.
WHEREAS the parties hereby agree to amend the mam(s) of the Origins( Agrataent in accordance with the terms of
the Original Averment and the previous mreadnunv, which see incorporated by mftsenec herein, as well es the terns
peovided herein.
NOW THEREFORE, in consideration oldie premises, the parties Meese covenant and agree as bibles:
• The temsofthis apmsrmn will Wend through June 30, 2018. This amendment will terminate immediately in the event
of loss of funding.
• This Amendment, together with the Origins' Agreement and the fiat amendment, eamtiaues the entire
understanding between the parties. The following change is hereby made to the apeanamt documents
1. The AAA will incase the current contract ban 895,000 to $121,000` reimbursing "MOW" S8.00 per meal
nerved. "MOW" agrees to pmvide a total of 15,125 units of services fir eligible homebound seniors.
2. AAA will no lore r award MOW s percentage of the Nutrition Services Incentive Program but rather fiord the
program using the above indicated funding sources.
• All other terns sad conditions of the Original Agreement eat remain unchanged.
Ntl NATNES OF, the pareeto duly the Agreement as of the day, month sand
ATTEST: "'ie� f/ • s�`.i+rr+' N1Y:
Weld 1► tar s - to the
LLD COUNTYAW AGENCY ON AGING
Eva M. Jewel
BOARD OF COUNTY COMMISSIONERS
WELD
Steve Moreno, Chalr
CONTRACTOR:
Meals on Wheels
2131 9• Street
Greeley, CO 80631
cvrtth i% itcri
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND MEAL ON WHEELS
This Agreement Amendment, made and entered into 'day of 4 2017 by and between the Board of Weld
County Commissioners, on behalf of the Weld County Department of Human Services, Area Agency on Aging, hereinafter
referred to as the "AAA", and Meals on Wheels, hereinafter referred to as the "MOW".
WHEREAS the parties entered into an Agreement to purchase and deliver home delivered meal services (the
"Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015-
1918, approved on July 1, 2015.
WHEREAS the parties hereby agree to amend the ten(s) of the Original Agreement in accordance with the terms of
the Original Agreement and the previous amendment, whkh are incorporated by reference herein, as well as the terms
provided herein.
L� £LAst- At..ln3
it, sicC
NOW THEREFORE, in consideration of the premises, die panics hereto covenant and agree as follows:
The terms of this agreement will extend through June 30, 2018. This amendment will terminate immediately in the event
of loss of funding.
This Amendment, together with the Original Agreement and the amendment, constitutes the entire understanding
between the parties. The following change is hereby made to the agreement documents:
I. The AAA herby agrees to award grant monies in the sum of $95,000 (Older Americans Act) for the period of
July 1, 2017 through June 30, 2018. AAA will reimburse MOW $8.00 per meal served. MOW agrees to provide
a total of 1.188 units of services for eligible homebound seniors.
2. AAA will no longer award MOW a percentage of the Nutrition Services Incentive Program but rather fund
.P--P-sC- the program using the above indicated funding sources.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month and year first above written
ATTEST: di�ii1 _� �jc,eg1 COUNTY:
Weld County ark to the Board _ BOARD OF COUNTYCOMMISSIONERS
WELD COU• COLORDO
B
puty Clerk to the Board
WELD COUNTY DEPARTMENT
HUMAN SERVICES
lu
WE
5 2017
s on Wheels
ZI31 aft gree -
reeley, CO 80631
Eva M. .11, O r.. n Head Date
7.5-a,o/7
cutve Director
a eQ
7I 5/f7
g015 9/1P
ti/R0034,
bot-f r 4- 11J - S ► 5 -
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND MEAL ON WHEELS
This Agreement Amendment, made and entered into 1�` day of July, 2016, by and between the Board of Weld County
Commissioners, on behalf of the Weld County Department of Human Services, Area Agency on Aging, hereinafter referred to
as the "AAA", and Meals on Wheels, hereinafter referred to as the "MOW".
WHEREAS the parties entered into an Agreement to purchase and deliver home delivered meal services (the
"Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015-
1918, approved on July 1, 2015.
WHEREAS the parties amended the Original Agreement on May 2, 2016
WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of
the Original Agreement and the previous amendment, which are incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The terms of this agreement will extend through June 30, 2017. This amendment will terminate immediately in the event
of loss of funding.
• This Amendment, together with the Original Agreement and the amendment executed on May 2, 2016,
constitutes the entire understanding between the parties. The following change is hereby made to the agreement
documents:
1. The AAA herby agrees to award grant monies in the sum of $160,000 ($159,090 Older Americans Act and
$910.00 from the Older Coloradoans Fund) for the period of July 1, 2016 through June 30, 2017. AAA will
reimburse MOW $8.00 per meal served. MOW agrees to provide a total of 20,000 units of services for eligible
homebound seniors.
2. AAA will no longer award MOW a percentage of the Nutrition Services Incentive Program but rather fund
the program using the above indicated funding sources.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto ( have duly executed the Agreement as of the day, month and year first above written
ATTEST: yr� Ki� COUNTY:
Weld C. . nty tote oard BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORDO
By:
Deputy Cler
o the Boar
WELD COUNTY DEPARTM
HUMAN SERVICES
(See OnBase)
Judy Griego, Director
WELD COUNTY AREA AGENCY ON AGIN
Eva M. Jewell, li . ead
cam- �?-
ce-t
o -.?q-.24/10
Mike Freeman, Chair .JUN 2
9 2016
ONTRACTOR:
eals on Wheels
141 9th Street
Greeley, CO 80631
cutive Director
(i)
MEMORANDUM
DATE: April 8, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Weld County Department of Human Services' Area
Agency on Aging (AAA) Purchase of Services Contract
Amendments
Please review and indicate if you would like a work session prior to placing these items on the
Board's agenda.
Request Board Approval of the Department's Area Agency on Aging (AAA) Purchase of
Services Contract Amendments. The Area Agency on Aging (AAA) is seeking permission
from the Commissioners to allow the Department to redistribute available Older Americans Act
and Older Coloradoan funds to the Area Agency on Aging contractors listed below, via contract
amendments. The Department requests approval to allow the AAA to reduce the amount
originally requested for Rehabilitation and Visiting Nurse Association (RVNA) FY16 Purchase
of Services Agreement, due to their inability to provide the quantity of services that were
initially agreed upon. RVNA, the Area Agency on Aging's Home I lealth Care contracting
agency, will be unable to spend all of the dollars that were allocated to them through a FYI6
Purchase of Services Agreement by June 30, 2016. Due to a delay in hiring for and
implementing the In -Home Voucher program, the Area Agency on Aging also has internal
program dollars available for redistribution.
We request to reallocate $20,000 from RVNA and $31,000 from our internal program areas and
redistribute them to the vendors listed below. The recommendations for redistribution and
reduction of funds were discussed and approved by the members of the Weld County Area
Agency on Aging Advisory Board at the March 10, 2016 Advisory Board meeting.
The first three contractors listed below have the capacity to use the dollars and to service our
intended target population of senior 60 years and older. If we do not redistributed these dollars
before the end of the fiscal year, we will lose these dollars and the dollars may be re -distributed
to other Area Agencies in the state.
• Meals on Wheels (MOW) - Request to increase funding for home delivered meals from
$140,000 to $180,000. The additional dollars will allow MOW to provide an additional
6,666 meals at the rate of $6.00 per meal.
• Senior Resource Services (SRS) — Request to increase funding for transportation from
$70,000 to $75,000. The additional dollars will allow SRS to provide an additional 398
rides at the rate of $12.55 per ride.
oto / 94
Pass-Arou d Memorandum; April 8, 201. 7' o
Gam:
Page 1
• North Range Behavioral Health (NRBH) — Request to increase funding for Senior Peer
Counseling from $80,000 to $86,000. The additional dollars will allow NRBH to
provide an additional 281 hours of peer counseling services at the rate of $21.34.
• Rehabilitation and Visiting Nurse Association (RVNA) — Request to reduce allocated
funding for RVNA services from $115,000 to $95,000, due to their inability to serve the
number of clients and units of services initially agreed upon.
I do not recommend a Work Session. I recommend approval of these Contract Amendments.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
Pass -Around Memorandum; April 8, 2016 Page 2
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND MEAL ON WHEELS
This Agreement Amendment, made and entered into 1s` day of April, 2016, by and between the Board of
Weld County Commissioners, on behalf of the Weld County Department of Human Services, Area Agency on
Aging, hereinafter referred to as the "AAA", and Meals on Wheels, hereinafter referred to as the "MOW".
WHEREAS the parties entered into an Agreement to purchase and deliver home delivered meal services
(the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as
document No. 2015- 1918, approved on July 1, 2015.
WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with
the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided
herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on June 30, 2016.
• The Amendment, together with the Original Agreement, constitutes the entire understanding between
the parties. The following change is hereby made to the agreement documents:
1. The AAA will increase the allowed reimbursement amount from $ 140,000 to $180,000,
reimbursing MOW at $6.00 per meal served. MOW agrees to provide a total of 30,000 units of
services for eligible homebound seniors.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month and
year first above written
ATTEST: dir446) ,tA
Weld County Clerk to the Board
By:
Deputy CI
WELD COUNTY DEPARTMEN
HUMAN SERVICCS T.
Director
W LD COUNTY AREA AGENCY ON AGING
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORDO
Mike Freeman, Chair
CONTRACTOR:
Meals on Wheels
2141 9th Street
Greeley, CO 80631
MAY 0 2 2016
Cox/Executive Director
O3o /. ---/9/f << J
RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - MEALS ON WHEELS
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, and Meals on
Wheels, commencing on July 1, 2015 and ending June 30, 2016, 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
Department of Human Services, Area Agency on Aging, and Meals on Wheels, 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 1st day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, OLORADO
ATTEST: dazitte/t) C jelexa;e1
Weld Coup y Clerk to the Board
BY:
Deputy Cler
ED
ounty Attorney
Date of signature: 1/O2-
l :arbara Kirkmey=r, Chair
Mike Freeman, Pro-Tem
can P. Conway
;le)
Jul' Cozad
Steve Moreno
cc. Hs,w.rw,. �l�o
2015-1918
HR0086
MEMORANDUM
DATE: June 18, 2015
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
Purchase of Services Agreements between the Weld County
Department of Human Services' Area Agency on Aging
(AAA) and Various Providers
Please review and indicate if you would like a work session prior to placing these items on the Board's
agenda.
Request Board Approval for Purchase of Services Agreements between the Departments' Area
Agency on Aging (AAA) and Various Providers. AAA desires to purchase outreach services from the
below providers. The term of these agreements begins upon the date of the execution of the agreement
by the County and shall continue through June 30, 2016.
Provider
Service
FY'16
II. nit Cost
FY16
Contract
FYI5
Current
I. nit Cost
FY15
Current
Contract
Catholic Charities
Northern
Hispanic Outreach
$33.00
$60,000
Expenditure
based
$60,000
Catholic Charities
Northern
Case Management
$40.00
$30,000
New Service
New
Service
Colorado Legal Services
Legal Services
$100.00
$70,000
Was
provided in-
house
Was
provided
In-house
Eldergarden
Adult Day Program
$16.88
S50,000
$15.69
$50,000
Commission Now. LLC
dba The Greeley Gopher
Senior Nutrition Meal
Transport
$7472.00 plus
Fuel surcharge
$100,000
$7,261.00
$100,000
Meals on Wheels
Ilome Delivered Meals
$6.00
$140,000
$5.73
$130,000
North Range Behavioral
I lealth
Peer Counseling
$21.34
580.000
$21.33
$80,000
Rehabilitation and
Visiting Nurse
Association
Homemaker and Personal
Care
$25.25
S 115.000
$24.74
$115,000
Senior Resource Services
Volunteer Transportation
$12.55
$70.000
$11.98
$50,000
I do not recommend a Work Session. I recommend approval of these Agreements.
Approve Request
13OOO Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
Pass -Around Memorandum; June 18, 2015
2015-1918
Page 1
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 15` day of July 2015 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 Department of Human Services' Area Agency on Aging, hereinafter referred to as 'AAA" or
"County", and Meals on Wheels hereinafter referred to as "MOW" or "Contractor".
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 the greatest economic and
social need, and
WHEREAS, MOW is a private, non-profit organization existing for the purpose of providing home
delivered meals to homebound residents of Weld County, and
WHEREAS, AAA desires to purchase home delivered meals for low-income seniors from MOW
NOW THEREFORE, it is mutually agreed:
1. The AAA hereby agrees to award grant monies (under the Older Americans Act and State Funding)
in the sum of $140,000 to MOW.
2. The AAA hereby agrees to award MOW a percentage of the Nutrition Services Incentive Program
(NSIP) reimbursement. The reimbursement will be based upon available NSIP funding for FY16.
The NSIP funding will be in addition to the grant award noted above.
3. MOW agrees to provide meals to approximately 250 seniors with a goal of reaching 30 rural seniors,
30 Hispanic seniors and 250 homebound seniors. Homebound status must be formally re-evaluated
every 6 months and entered into SAMS. Unit cost reimbursement for each meal that meets the 33 1/3
RDI requirements is $6.00
4. MOW 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, 2016.
5. MOW agrees to document and report any project income received as a result of services provided
under the Agreement.
6. MOW agrees to include the following statement in any written materials (pamphlets, brochures,
announcements, etc.) or in any verbal presentations: MOW is supported, in part, by funds provided
by the Weld County Area Agency on Aging through the Older Americans Act.
7. MOW 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 MOW to insure that
the funds made available by the Agreement are expended in keeping with the purposes for which
they were awarded; and MOW 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
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aols /9/ ' (1)
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.
8. Any changes, including any increase or decrease in the amount of MOW's compensation, and
including changes in budget allocations which are mutually agreed upon by and between the AAA
and MOW, shall be incorporated in written amendments to this Agreement and in appropriate
revisions to the grant proposal.
9. MOW understands and agrees that the following provisions are part of the official application and as
such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws
of Colorado and be in accordance with the policies, procedures, and practices of the
County, the Older Americans Act, the policies and procedures established by the
State Unit on Aging, and the terms and conditions of the project application approved
by AAA.
b. Understands that if there is Federal/State program income unearned at the time the
project is terminated, this amount must be returned to the AAA unless the AAA
otherwise stipulates.
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.
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,
i. To submit monthly financial and programmatic reports to the AAA by the
10th of the following month;
ii. To submit other reports to the AAA as requested;
iii. Maintain a computer system that will be able to manage all required AAA
reporting software;
iv. Maintain internet access in order to transfer all required data to the AAA.
f. Agrees to advise the AAA of needed program and financial changes and await
approval from the AAA prior to change implementation.
Agrees to have policies and procedures for complaint/appeal tracking, timely
disposition of complaints/appeals and documentation of such processes.
g.
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h. Agrees to have a client grievance policy, which will address any alleged infractions
of any federal state or local laws by MOW against recipients of or applicants for
services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set
forth by the AAA.
J•
Agrees to provide recipients receiving services the opportunity to contribute to all or
part of the cost of the services received. Each recipient shall be given the opportunity
to determine if they are able to contribute to all or part of the cost of services. No
recipient shall be denied a service because of a failure to contribute to all or part of
the cost of the service. All contributions shall be considered program income. All
contributions shall be used to expand the services for which the contributions were
given.
k. Agrees that local cash or in -kind contributions have not been used to satisfy or match
another federal grant or funds. Supplies, volunteer services, and other in -kind
contributions shall be valued as described under 45 C.F.R. 874.5. All matching
contributions, including cash and in kind shall be verifiable from agency records.
1. Agrees to perform background checks of all employees, volunteers or subcontractors
pursuant to C.R.S. 27-1-110 and in accordance with the policy of AAA and the State
Unit on Aging.
10. Performance Measures
a. The Performance Measures Process.
As set forth and defined herein, "Performance Focus" is a performance -based
analysis strategy the Parties shall use in association with the Contractor's
performance hereunder that allows the Parties to better focus on and improve
performance outcomes to obtain maximum benefits from the work of the Contractor
under this Contract. By identifying areas of focus, the Parties shall determine what
aspects of the Contractor's performance hereunder are working and what aspects of
said performance need improvement. By measuring the impact of day-to-day work of
the Contractor hereunder, the Parties will be able to make more informed
collaborative decisions to align the work of the Contractor to affect more positive
performance outcomes and change for the purposes served through this Contract.
b. Performance Measures Reports.
Performance Measures Reports shall reflect relevant report data for the Performance
Measures identified hereunder to be tracked on an ongoing basis through the Contract
Performance Focus process. Performance Measures shall continue to evolve to
meet the objective of measuring key performance outcome indicators for the work of
the Contractor hereunder. Performance Measures may be changed via a contract
amendment.
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c. Contract Performance Measures
The Contractor agrees on the following initial Performance Measures.
1. Measure: The Contractor shall increase unduplicated consumers served in
comparison to the same month in 2014.
2. Measure: In a consumer satisfaction survey provided by the State Unit on Aging
(SUA) the contractor shall provide surveys to fifty percent (50%) of registered
consumers within the contractor's region during the month of February. The
results shall be summarized by the contractor and submitted to the AAA by May
1. The summarized results shall show the following measures:
I. 80% of responding consumers identify the services received through
OAA/SFSS maintain or improve their independence.
II. 90% of responding home delivered meal program consumers report that
during the past year someone from the Nutrition Program provided
information or referred them to places to learn about financial, social, or
health services that are available to them or told them how to get the help.
III. 90% of responding home delivered meal program consumers report that the
nutrition program has helped them to live independently and stay in their own
home.
IV. Participation in six (6) hours of Nutrition Training provided by the SUA.
11. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through June 30, 2016. Both of the parties to this Agreement understand and agree that
the laws of the State of Colorado prohibit County from entering into Agreements which bind County for
periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this
Agreement, County shall notify Contractor if it wishes to renew this Contract.
12. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by
County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to
County all drawings, drafts or other documents it has completed or partially completed under this
Agreement, together with all other items, materials and documents which have been paid for by County, and
these items, materials and documents shall be the property of County.
Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever
against the County by reason of such termination or by reason of any act incidental thereto, except for
compensation for work satisfactorily performed and/or materials described herein properly delivered.
13. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
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additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services.
14. Compensation/Contract Amount. In no event shall County be required to pay Contractor more than
the available grant funds contemplated in this Agreement, nor more than that amount stated in paragraph 1.
Contractor acknowledges no payment in excess of that amount will be made by County unless a "change
order" authorizing such additional payment has been specifically approved by Weld County, or by formal
resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County
Code.
Contractor shall provide invoices to County on a monthly basis. Monthly supporting documentation shall
match units of services in the data reporting system to the monthly invoice. County shall pay all such
invoices, unless in dispute, within 30 days of receipt.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to
be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant
to the terms of this Agreement.
The Parties understand that this Agreement is wholly funded by State and Federal funds, and the County
shall have no obligation to expend any funds not appropriated by the State for purposes related to this
Agreement.
15. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits
from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as
an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
16. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the completion of this Project without County's prior written consent, which
may be withheld in County's sole discretion.
17. Ownership. All work and information obtained by Contractor under this Agreement or individual
work order shall become or remain (as applicable), the property of County.
18. Confidentiality. Confidential financial information of Contractor should be transmitted separately
from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply
with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the
confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential
information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information
to any other person or entity without seeking written permission from the County. Contractor agrees to
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advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this agreement.
19. Warranty. Contractor warrants that the services performed under this Agreement will be performed in
a manner consistent with the standards governing such services and the provisions of this Agreement.
Contractor further represents and warrants that all services shall be performed by qualified personnel in a
professional and workmanlike manner, consistent with industry standards, and that all services will conform
to applicable specifications.
20. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or
be construed to be a waiver by County of any breach of this Agreement or default which may then exist on
the part of Contractor. Acceptance by the County of, or payment for, the services completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
21. Insurance and Indemnification.
General Requirements: Contractors/Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall
keep the required insurance coverage in force at all times during the term of the Agreement, or any
extension thereof, and during any warranty period.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in
no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, its
agents, representatives, employees, or subcontractors.
The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor
shall be responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on account
of any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained
by any person, persons, or property on account of its performance under this Agreement or its failure
to comply with the provisions of the Agreement. This paragraph shall survive expiration or
termination hereof.
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Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor's employees acting within the course and scope of
their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance with the minimum limits as follows:
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 products and completed operations aggregate; and
$50,000 any one fire
Professional Liability: Professional liability insurance with minimum limits of liability of not less
than $1,000,000, unless waived by the State.
Privacy Insurance: If this Contract includes a HIPAA Associates Addendum exhibit, Contractor
shall obtain and maintained during the term of this Contract liability insurance covering all loss of
Protected Health Information data and claims based upon alleged violations of privacy rights
through improper use or disclosure of Protected Health Information (PHI) with a minimum annual
limit of $1,000,000.
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for
bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for vehicles
owned, hired, and non -owned vehicles used in the performance of this Contract.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time
of execution of this Agreement, and shall keep in force at all times during the term of the
Agreement as the same may be extended as herein provided, a commercial general liability
insurance policy, including public liability and property damage, in form and company
acceptable to and approved by said Administrator, covering all operations hereunder set forth in
the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the
County's Risk Administrator in his sole discretion.
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Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name
County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall
waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors,
suppliers or other entities providing goods or services required by this Agreement shall be subject
to all of the requirements herein and shall procure and maintain the same coverage's required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by
the County.
22. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or
transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be
granted or denied at the sole and absolute discretion of County.
23. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and
audit any books, documents, papers and records of Contractor, involving all matters and/or transactions
related to this Agreement. The Contractor agrees to maintain these documents for three years from the date
of the last payment received.
24. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
25. Notices. County may designate, prior to commencement of work, its project representative ("County
Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the project. All requests for contract interpretations, change orders, and other
clarification or instruction shall be directed to County Representative. The County Representative for
purposes of this Agreement is hereby identified as, Eva M. Jewell. All notices or other communications
(including annual maintenance made by one party to the other concerning the terms and conditions of this
contract shall be deemed delivered under the following circumstances):
(a) personal service by a reputable courier service requiring signature for receipt; or
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(b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to
a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is
required by the sending party.
Either party may change its notice address by written notice to the other.
Notification Information:
Contractor: Meals on Wheels
Attn.: President, Mary Margaret Cox
Address: 2131 9th Street
Address: Greeley, Colorado 80631
E-mail: mmcoxmow@hotmail.com
County:
Name: Eva Jewell
Position: Weld County Area Agency on Aging Division Head
Address: 315 North 11`" Ave Building C or PO Box 1805
Address: Greeley, Colorado 80631
E-mail: ejewell@weldgov.com
Facsimile: 970-346-6951
26. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
27. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
28. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
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29. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend funds
not otherwise appropriated in each succeeding year.
30. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement state that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any
manner or degree interfere with the performance of Contractor's services and Contractor shall not employ
any person having such known interests. During the term of this Agreement, Contractor shall not engage in
any in any business or personal activities or practices or maintain any relationships which actually conflicts
with or in any way appear to conflict with the full performance of its obligations under this Agreement.
Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in
immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's
family shall serve on a County Board, committee or hold any such position which either by rule, practice or
action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor.
31. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
32. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
33. No Third Party Beneficiary. It is expressly understood and agreed that the 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 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 an incidental beneficiary only.
34. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
35. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
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36. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the
E -Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that
the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and
County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall
not terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S.
§8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the
State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform
work under the contract, affirm that Contractor has examined the legal work status of such employee,
retained file copies of the documents, and not altered or falsified the identification documents for such
employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the
legal work status of such employee, and shall comply with all of the other requirements of the State of
Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S.
§8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor
shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural person
eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. §
24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Both parties further agree that this Agreement, including attachment
Exhibit A, is the complete and exclusive statement of agreement between the parties and supersedes all
proposals or prior agreements, oral or written, and any other communications between the parties relating to
the subject matter of this Agreement.
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Exhibit A
HIPAA BUSINESS ASSOCIATE ADDENDUM
This Business Associate Addendum ("Addendum") is a part of the Contract dated July 1, 2015
between the Department of Human Services Weld County Area Agency on Aging and Meals on Wheels.
For purposes of this Addendum, the Weld County Department of Human Services Area Agency on Aging is
referred to as "Covered Entity" or "CE" and Meals on Wheels is referred to as "Associate". Unless the
context clearly requires a distinction between the Contract document and this Addendum, all references
herein to "the Contract" or "this Contract" include this Addendum.
RECITALS
A. CE wishes to disclose certain information to Associate pursuant to the terms of the Contract, some
of which may constitute Protected Health Information ("PHI") (defined below).
B. CE and Associate intend to protect the privacy and provide for the security of PHI disclosed to
Associate pursuant to this Contract in compliance with the Health Insurance Portability and
Accountability Act of 1996, 42 U.S.C. §1320d -1320d-8 ("HIPAA") as amended by the American
Recovery and Reinvestment Act of 2009 ("ARRA")/HITECH Act (P.L. 111-005), and its
implementing regulations promulgated by the U.S. Department of Health and Human Services, 45
C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended.
C. As part of the HIPAA Rules, the CE is required to enter into a written contract containing specific
requirements with Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 45,
Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and
contained in this Addendum.
The parties agree as follows:
1. Definitions
a. Except as otherwise defined herein, capitalized terms in this Addendum shall have the
definitions set forth in the HIPAA Rules at 45 C.F.R. Parts 160, 162 and 164, as amended. In
the event of any conflict between the mandatory provisions of the HIPAA Rules and the
provisions of this Contract, the HIPAA Rules shall control. Where the provisions of this
Contract differ from those mandated by the HIPAA Rules, but are nonetheless permitted by
the HIPAA Rules, the provisions of this Contract shall control.
b. "Protected Health Information" or "PHI" means any information, whether oral or recorded in
any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future
payment for the provision of health care to an individual; and (ii) that identifies the
individual or with respect to which there is a reasonable basis to believe the information can
be used to identify the individual, and shall have the meaning given to such term under the
HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.501.
c. "Protected Information" shall mean PHI provided by CE to Associate or created received,
maintained or transmitted by Associate on CE's behalf. To the extent Associate is a covered
entity under HIP AA and creates or obtains its own PHI for treatment, payment and health
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care operations, Protected Information under this Contract does not include any PHI
created or obtained by Associate as a covered entity and Associate shall follow its own
policies and procedures for accounting, access and amendment of Associate's PHI.
d. "Subcontractor" shall mean a third party to whom Associate delegates a function, activity, or
service that involves CE's Protected Information, in order to carry out the responsibilities of
this Agreement.
2. Obligations of Associate
a. Permitted Uses. Associate shall not use Protected Information except for the purpose of
performing Associate's obligations under this Contract and as permitted under this
Addendum. Further, Associate shall not use Protected Information in any manner that
would constitute a violation of the HIPAA Rules if so used by CE, except that Associate
may use Protected Information: (i) for the proper management and administration of
Associate; (ii) to carry out the legal responsibilities of Associate; or (iii) for Data
Aggregation purposes for the Health Care Operations of CE. Additional provisions, if
any, governing permitted uses of Protected Information are set forth in Attachment A to
this Addendum. Associate accepts full responsibility for any penalties incurred as a result
of Associate's breach of the HIPAA Rules.
b. Permitted Disclosures. Associate shall not disclose Protected Information in any manner
that would constitute a violation of the HIPAA Rules if disclosed by CE, except that
Associate may disclose Protected Information: (i) in a manner permitted pursuant to this
Contract; (ii) for the proper management and administration of Associate; (iii) as
required by law; (iv) for Data Aggregation purposes for the Health Care Operations of
CE; or (v) to report violations of law to appropriate federal or state authorities, consistent
with 45 C.F.R. Section 164.502(j)(1). To the extent that Associate discloses Protected
Information to a third party Subcontractor, Associate must obtain, prior to making any
such disclosure: (i) reasonable assurances through execution of a written agreement with
such third party that such Protected Information will be held confidential as provided
pursuant to this Addendum and only disclosed as required by law or for the purposes for
which it was disclosed to such third party; and that such third party will notify Associate
within two (2) business days of any breaches of confidentiality of the Protected
Information, to the extent it has obtained knowledge of such breach. Additional
provisions, if any, governing permitted disclosures of Protected Information are set forth
in Attachment A.
c. Appropriate Safeguards. Associate shall implement appropriate safeguards as are
necessary to prevent the use or disclosure of Protected Information other than as
permitted by this Contract. Associate shall comply with the requirements of the HIPAA
Security Rule at 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316. Associate
shall maintain a comprehensive written information privacy and security program that
includes administrative, technical and physical safeguards appropriate to the size and
complexity of the Associate's operations and the nature and scope of its activities.
Associate shall review, modify, and update documentation of its safeguards as needed to
ensure continued provision of reasonable and appropriate protection of Protected
Information.
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d. Reporting of Improper Use or Disclosure. Associate shall report to CE in writing any use
or disclosure of Protected Information other than as provided for by this Contract within
five (5) business days of becoming aware of such use or disclosure.
e. Associate's Agents. If Associate uses one or more Subcontractors or agents to provide
services under the Contract, and such Subcontractors or agents receive or have access to
Protected Information, each Subcontractor or agent shall sign an agreement with
Associate containing the same provisions as this Addendum and further identifying CE
as a third party beneficiary with rights of enforcement and indemnification from such
Subcontractors or agents in the event of any violation of such Subcontractor or agent
agreement. The Agreement between the Associate and Subcontractor or agent shall
ensure that the Subcontractor or agent agrees to at least the same restrictions and
conditions that apply to Associate with respect to such Protected Information. Associate
shall implement and maintain sanctions against agents and Subcontractors that violate
such restrictions and conditions and shall mitigate the effects of any such violation.
f. Access to Protected Information. If Associate maintains Protected Information contained
within CE's Designated Record Set, Associate shall make Protected Information
maintained by Associate or its agents or Subcontractors in such Designated Record Sets
available to CE for inspection and copying within ten (10) business days of a request by
CE to enable CE to fulfill its obligations to permit individual access to PHI under the
HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.524. If such Protected
Information is maintained by Associate in an electronic form or format, Associate must
make such Protected Information available to CE in a mutually agreed upon electronic
form or format.
g.
Amendment of PHI. If Associate maintains Protected Information contained within CE's
Designated Record Set, Associate or its agents or Subcontractors shall make such
Protected Information available to CE for amendment within ten (10) business days of
receipt of a request from CE for an amendment of Protected Information or a record
about an individual contained in a Designated Record Set, and shall incorporate any such
amendment to enable CE to fulfill its obligations with respect to requests by individuals
to amend their PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R.
Section 164.526. If any individual requests an amendment of Protected Information
directly from Associate or its agents or Subcontractors, Associate must notify CE in
writing within five (5) business days of receipt of the request. Any denial of amendment
of Protected Information maintained by Associate or its agents or Subcontractors shall be
the responsibility of CE.
h. Accounting Rights. If Associate maintains Protected Information contained within CE's
Designated Record Set, Associate and its agents or Subcontractors shall make available
to CE within ten (10) business days of notice by CE, the information required to provide
an accounting of disclosures to enable CE to fulfill its obligations under the HIPAA
Rules, including, but not limited to, 45 C.F.R. Section 164.528. In the event that the
request for an accounting is delivered directly to Associate or its agents or
Subcontractors, Associate shall within five (5) business days of the receipt of the request
forward it to CE in writing. It shall be CE's responsibility to prepare and deliver any such
accounting requested. Associate shall not disclose any Protected Information except as
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set forth in Section 2(b) of this Addendum.
Governmental Access to Records. Associate shall keep records and make its internal
practices, books and records relating to the use and disclosure of Protected Information
available to the Secretary of the U.S. Department of Health and Human Services (the
"Secretary"), in a time and manner designated by the Secretary, for purposes of
determining CE's or Associate's compliance with the HIPAA Rules. Associate shall
provide to CE a copy of any Protected Information that Associate provides to the
Secretary concurrently with providing such Protected Information to the Secretary when
the Secretary is investigating CE. Associate shall cooperate with the Secretary if the
Secretary undertakes an investigation or compliance review of Associate's policies,
procedures or practices to determine whether Associate is complying with the HIPAA
Rules, and permit access by the Secretary during normal business hours to its facilities,
books, records, accounts, and other sources of information, including Protected
Information, that are pertinent to ascertaining compliance.
J•
Minimum Necessary. Associate (and its agents or subcontractors) shall only request, use
and disclose the minimum amount of Protected Information necessary to accomplish the
purpose of the request, use or disclosure, in accordance with the Minimum Necessary
requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections
164.502(b) and 164.514(d).
k. Data Ownership. Associate acknowledges that Associate has no ownership rights with
respect to the Protected Information.
1. Retention of Protected Information. Except upon termination of the Contract as provided
in Section 4(d) of this Addendum, Associate and its Subcontractors or agents shall retain
all Protected Information throughout the term of this Contract and shall continue to
maintain the information required under Section 2(h) of this Addendum for a period of
six (6) years.
m. Associate's Insurance. Associate shall maintain insurance to cover loss of PHI data and
claims based upon alleged violations of privacy rights through improper use or disclosure
of PHI. All such policies shall meet or exceed the minimum insurance requirements of
the Contract (e.g., occurrence basis, combined single dollar limits, annual aggregate
dollar limits, additional insured status and notice of cancellation).
n. Notice of Privacy Practices. Associate shall be responsible for reviewing CE's Notice of
Privacy Practices, available on CE's external website, to determine any requirements
applicable to Associate per this Contract.
o. Notification of Breach. During the term of this Contract, Associate shall notify CE within
two (2) business days of any suspected or actual breach of security, intrusion or
unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of
data in violation of any applicable federal or state laws or regulations. Associate shall not
initiate notification to affected individuals per the HIPAA Rules without prior
notification and approval of CE. Information provided to CE shall include the
identification of each individual whose unsecured PHI has been, or is reasonably
believed to have been accessed, acquired or disclosed during the breach. Associate shall
15
take (i) prompt corrective action to cure any such deficiencies and (ii) any action
pertaining to such unauthorized disclosure required by applicable federal and state laws
and regulations.
P.
q.
Audits, Inspection and Enforcement. Within ten (10) business days of a written request
by CE, Associate and its agents or subcontractors shall allow CE to conduct a reasonable
inspection of the facilities, systems, books, records, agreements, policies and procedures
relating to the use or disclosure of Protected Information pursuant to this Addendum for
the purpose of determining whether Associate has complied with this Addendum;
provided, however, that: (i) Associate and CE shall mutually agree in advance upon the
scope, timing and location of such an inspection; and (ii) CE shall protect the
confidentiality of all confidential and proprietary information of Associate to which CE
has access during the course of such inspection. The fact that CE inspects, or fails to
inspect, or has the right to inspect, Associate's facilities, systems, books, records,
agreements, policies and procedures does not relieve Associate of its responsibility to
comply with this Addendum, nor does CE's (i) failure to detect or (ii) detection, but
failure to notify Associate or require Associate's remediation of any unsatisfactory
practices, constitute acceptance of such practice or a waiver of CE's enforcement rights
under the Contract.
Safeguards During Transmission. Associate shall be responsible for using appropriate
safeguards, including encryption of PHI, to maintain and ensure the confidentiality,
integrity and security of Protected Information transmitted pursuant to the Contract, in
accordance with the standards and requirements of the HIPAA Rules.
r. Restrictions and Confidential Communications. Within ten (10) business days of notice
by CE of a restriction upon uses or disclosures or request for confidential
communications pursuant to 45 C.F.R. Section 164.522, Associate will restrict the use or
disclosure of an individual's Protected Information. Associate will not respond directly to
an individual's requests to restrict the use or disclosure of Protected Information or to
send all communication of Protected Information to an alternate address. Associate will
refer such requests to the CE so that the CE can coordinate and prepare a timely response
to the requesting individual and provide direction to Associate.
3. Obligations of CE
a. Safeguards During Transmission. CE shall be responsible for using appropriate
safeguards, including encryption of PHI, to maintain and ensure the confidentiality,
integrity and security of Protected Information transmitted pursuant to the Contract, in
accordance with the standards and requirements of the HIPAA Rules.
b. Notice of Changes. CE maintains a copy of its Notice of Privacy Practices on its website.
CE shall provide Associate with any changes in, or revocation of, permission to use or
disclose Protected Information, to the extent that it may affect Associate's permitted or
required uses or disclosures of PHI. CE shall notify Associate of any restriction on the
use or disclosure of Protected Information that CE has agreed to in accordance with 45
C.F.R. Section 164.522.
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4. Termination.
a. Material Breach. In addition to any other provisions in the Contract regarding breach, a
breach by Associate of any provision of this Addendum, as determined by CE, shall
constitute a material breach of this Contract and shall provide grounds for immediate
termination of this Contract by CE pursuant to the provisions of the Contract covering
termination for cause, if any. If the Contract contains no express provisions regarding
termination for cause, the following terms and conditions shall apply:
(1) Default. If Associate refuses or fails to timely perform any of the provisions of
this Contract, CE may notify Associate in writing of the non-performance, and if
not promptly corrected within the time specified, CE may terminate this Contract.
Associate shall continue performance of this Contract to the extent it is not
terminated and shall be liable for excess costs incurred in procuring similar goods
or services elsewhere.
(2) Associate's Duties. Notwithstanding termination of this Contract, and subject to
any directions from CE, Associate shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Associate in which
CE has an interest.
(3)
Compensation. Payment for completed supplies delivered and accepted by CE
shall be at the Contract price. In the event of a material breach under paragraph
4a, CE may withhold amounts due Associate as CE deems necessary to protect
CE against loss from third party claims of improper use or disclosure and to
reimburse CE for the excess costs incurred in procuring similar goods and
services elsewhere.
(4) Erroneous Termination for Default. If after such termination it is determined, for
any reason, that Associate was not in default, or that Associate's action/inaction
was excusable, such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if this Contract
had been terminated for convenience, as described in this Contract.
b. Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice of
Associate that constitutes a material breach or violation of the Associate's obligations
under the provisions of this Addendum or another arrangement and does not terminate
this Contract pursuant to Section 4(a), then CE shall take reasonable steps to cure such
breach or end such violation. If CE's efforts to cure such breach or end such violation are
unsuccessful, CE shall either (i) terminate the Contract, if feasible or (ii) if termination of
this Contract is not feasible, CE shall report Associate's breach or violation to the
Secretary of the Department of Health and Human Services. If Associate knows of a
pattern of activity or practice of a Subcontractor or agent that constitutes a material
breach or violation of the Subcontractor's or agent's obligations under the written
agreement between Associate and the Subcontractor or agent, Associate shall take
reasonable steps to cure such breach or end such violation, if feasible.
c. Judicial or Administrative Proceedings. Either party may terminate the Contract,
effective immediately, if (i) the other party is named as a defendant in a criminal
17
proceeding for a violation of the HIPAA Rules or other security or privacy laws or (ii) a
finding or stipulation that the other party has violated any standard or requirement of the
HIPAA Rules or other security or privacy laws is made in any administrative or civil
proceeding in which the party has been joined.
d. Effect of Termination.
(1)
Except as provided in paragraph (2) of this subsection, upon termination of this
Contract, for any reason, Associate shall return or destroy all Protected
Information that Associate or its agents or Subcontractors still maintain in any
form, and shall retain no copies of such Protected Information. If Associate elects
to destroy the PHI, Associate shall certify in writing to CE that such PHI has been
destroyed.
(2) If Associate believes that returning or destroying the Protected Information is not
feasible, Associate shall promptly provide CE notice of the conditions making
return or destruction infeasible. Associate shall continue to extend the protections
of Sections 2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such Protected
Information, and shall limit further use of such PHI to those purposes that make
the return or destruction of such PHI infeasible.
5. Injunctive Relief. CE shall have the right to injunctive and other equitable and legal relief against
Associate or any of its Subcontractors or agents in the event of any use or disclosure of Protected
Information in violation of this Contract or applicable law.
6. No Waiver of Immunity. No term or condition of this Contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions
of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims
Act, 28 U.S.C. 2671 et seq. as applicable, as now in effect or hereafter amended.
7. Limitation of Liability. Any limitation of Associate's liability in the Contract shall be inapplicable to
the terms and conditions of this Addendum.
8. Disclaimer. CE makes no warranty or representation that compliance by Associate with this
Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes.
Associate is solely responsible for all decisions made by Associate regarding the safeguarding of
PHI.
9. Certification. To the extent that CE determines an examination is necessary in order to comply with
CE's legal obligations pursuant to the HIPAA Rules relating to certification of its security practices,
CE or its authorized agents or contractors, may, at CE's expense, examine Associate's facilities,
systems, procedures and records as may be necessary for such agents or contractors to certify to CE
the extent to which Associate's security safeguards comply with the HIPAA Rules or this
Addendum.
10. Amendment.
a. Amendment to Comply with Law. The parties acknowledge that state and federal laws
relating to data security and privacy are rapidly evolving and that amendment of this
18
Addendum may be required to provide for procedures to ensure compliance with such
developments. The parties specifically agree to take such action as is necessary to implement
the standards and requirements of the HIPAA Rules and other applicable laws relating to the
confidentiality, integrity, availability and security of PHI. The parties understand and agree
that CE must receive satisfactory written assurance from Associate that Associate will
adequately safeguard all Protected Information and that it is Associate's responsibility to
receive satisfactory written assurances from Associate's Subcontractors and agents. Upon the
request of either party, the other party agrees to promptly enter into negotiations concerning
the terms of an amendment to this Addendum embodying written assurances consistent with
the standards and requirements of the HIPAA Rules or other applicable laws. CE may
terminate this Contract upon thirty (30) days written notice in the event (i) Associate does not
promptly enter into negotiations to amend this Contract when requested by CE pursuant to
this Section, or (ii) Associate does not enter into an amendment to this Contract providing
assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient
to satisfy the standards and requirements of the HIPAA Rules.
b. Amendment of Attachment A. Attachment A may be modified or amended by mutual
agreement of the parties in writing from time to time without formal amendment of this
Addendum.
11. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and any
Subcontractors, employees or agents assisting Associate in the performance of its obligations under
the Contract, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as witnesses,
or otherwise, in the event of litigation or administrative proceedings being commenced against CE,
its directors, officers or employees based upon a claimed violation of the HIPAA Rules or other laws
relating to security and privacy or PHI, except where Associate or its Subcontractor, employee or
agent is a named adverse party.
12. No Third Party Beneficiaries. Nothing express or implied in this Contract is intended to confer, nor
shall anything herein confer, upon any person other than CE, Associate and their respective
successors or assigns, any rights, remedies, obligations or liabilities whatsoever.
13. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail over any
provisions in the Contract that may conflict or appear inconsistent with any provision in this
Addendum. Together, the Contract and this Addendum shall be interpreted as broadly as necessary
to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this
Contract shall be resolved in favor of a meaning that complies and is consistent with the HIPAA
Rules. This Contract supersedes and replaces any previous separately executed HIPAA addendum
between the parties.
14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, Associate's
obligations under Section 4(d) ("Effect of Termination") and Section 12 ("No Third Party
Beneficiaries") shall survive termination of this Contract and shall be enforceable by CE as provided
herein in the event of such failure to perform or comply by the Associate. This Addendum shall
remain in effect during the term of the Contract including any extensions.
15. Representatives and Notice.
a. Representatives. For the purpose of the Contract, the individuals identified elsewhere in this
19
Contract shall be the representatives of the respective parties. If no representatives are
identified in the Contract, the individuals listed below are hereby designated as the parties'
respective representatives for purposes of this Contract. Either party may from time to time
designate in writing new or substitute representatives.
b. Notices. All required notices shall be in writing and shall be hand delivered or given by
certified or registered mail to the representatives at the addresses set forth below.
State/Covered Entity Representative:
Name: Eva Jewell
Title: Division Head
Department and Division: Weld County Department of Human Services Area Agency on
Aging
Address: 315 North 11th Avenue PO Box 1805
Greeley, Colorado 80631
Contractor/Business Associate Representative:
Name: Mary Margaret Cox
Title: Director
Department and Division: Meals on Wheels
Address: 213 19th Street
Greeley, Colorado 80631
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ATTACHMENT A
This Attachment sets forth additional terms to the HIPAA Business Associate Addendum, which is
part of the Contract dated July 1, 2015, between Weld County Department of Human Services Area
Agency on Aging and Meals on Wheels, ("Contract") and is effective as of July 1, 2015 (the "Attachment
Effective Date"). This Attachment may be amended from time to time as provided in Section 10(b) of the
Addendum.
1. Additional Permitted Uses. In addition to those purposes set forth in Section 2(a) of the Addendum,
Associate may use Protected Information as follows:
2. Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b) of the
Addendum, Associate may disclose Protected Information as follows:
3. Subcontractor(s). The parties acknowledge that the following subcontractors or agents of Associate
shall receive Protected Information in the course of assisting Associate in the performance of its
obligations under this Contract:
4. Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be deemed to
occur as follows, and Associate's obligations under the Addendum shall commence with respect to
such PHI upon such receipt:
5. Additional Restrictions on Use of Data. CE is a Business Associate of certain other Covered Entities
and, pursuant to such obligations of CE, Associate shall comply with the following restrictions on
the use and disclosure of Protected Information:
21
6. Additional Terms. [This section may include specifications for disclosure format, method of
transmission, use of an intermediary, use of digital signatures or PICT, authentication, additional
security of privacy specifications, de -identification or re -identification of data and other additional
terms.]
,54
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this / day of
Judy , 2015.
WELD COUNTY:
ATTEST:
Weld County Clerk to the Bo
BY:
De.uty Clerk to the Boar
APPROVED AS TO SUBSTANCE:
APPROVED AS TO FUNDING:
6alt
Controller
APPROVED AS TO FORM:
County Attorney
OARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
Director of General Services
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