HomeMy WebLinkAbout20151919.tiffI J._
uti
5472
PRIVILEGED AND CONF I DFNTIAI..J
DATE: April 16, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, 1-luman Services
Rfi:
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.
equest Board Approval of the Department's Fiscal Year (F Y) 2019-20 Purchase of Service Agreement
Amendments for the Area Agency on .•,a ging (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,
... ._ .._.._M
_ _ _
Maximum
Reimbursement
CMS
ID
Vendor
Service
Description
Rate(s)/Unit
2572
North
Health
Range Behavioral
Peer Counseling
Services
$24.64/Hour
$15,000.00
2573
Meals
on Wheels
Purchase and
Delivery 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
Other/Comments:
Pass -Around Memorandum; April 16, 2019 - CMS (2572 & 2573)
emit4.O1/1 /Lk
10-10
4- to t- ig
CnBaac
°WAS-
Page 1
6VAd- /Z.? 5 7z
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND NORTH RANGE BEHAVIORAL HEALTH
This Agreement Amendment, made and entered into f0 day of
Weld County Commissioners, on behalf of the Weld County Department of H an Services, Area Agency on Aging,
hereinafter referred to as the "AAA", and North Range Behavioral Health, hereinafter referred to as the "NRBH".
, 019, by and between the Board of
WHEREAS the parties entered into an Agreement to Purchase Peer Counseling Services, identified by the Weld
County Clerk to the Board of County Commissioners as document No. 2015-1919, 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 $105,000.00 ($31,000.00 Older Americans Act and
$74,000.00 from the Older Coloradoans Fund) to provide a minimum total of 4,328 units of services for eligible
seniors for the period of July 1, 2018 — June 30, 2019. The AAA agrees to reimburse NRBH at a rate of $22.94 per
hour for the period of July 1, 2018 — December 31, 2018, and an increased rate reimbursement of $24.64 per hour
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.
ATTES
Weld
By:
dditritiA) Xidzi;ok.
Deputy
lerk to the B
Weld County Area Agency on Aging
k eiy Mort^err
Kelly Morrison (Apr 25, 2019)
Kelly Morrison, Division Head
COUNTY:
BOARD OF COUNTY COMMISSIONERS
W
D COUNTY, C • L • • ADO
bara Kirkmeyer, ' hair
CONTRACTOR:
JUN 102019
North Range Behavioral Health
1300 North 17th Ave.
Greeley, CO 80631
ot`lrfr( 020
ff
Larry P 201
Larry Pottorff, Executive Director
Apr 25,2019
Date
0A0-02- 015D) ,20 M7 9
(,� to -/9 /-hRooBlo
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
/P#
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
Reimbursement
CMS
ID
Catholic
Community
Charities
and
Services
for
Services
Hispanic
Adults
Case
for
Older
Management
$33.00/Hour
$40.00/Hour
$160,000.00
1917
the
Denver
Archdiocese
of
Colorado
Legal
Services
Leal Services
$100.00/1
-lour
$63,000.00
1918
Commission
ABA Greeley
Now,
Gopher
LLC
Senior
Program
Transportation
Services
Nutrition
-
$8,419.00/Month
(Plus
surcharge.)
fuel
$101,028.00
1919
(Plus
surcharge.)
fuel
1920
Meals
on Wheels
Purchase
and
$8.00/Meal
$180,000.00
Delivery
of
Meals
1921
North
Health
Range
Behavioral
Peer Counseling
Services
$22.94/Hour
$90,000.00
1922
Senior
Services
Resource
Transportation
Services
$12.55/Ride
(One-way)
$90,000.00
1923
University
Colorado
of
-- Dining
Northern
Senior Nutrition
Program -
Meals
$6.57/Meal
$2.71/Serving
(Salad
Bar)
N/A
Services
Pass -Around Memorandum; June 19, 2018 -; ID (Various)
-/S/
1730
p/so
Page 1 q 02-0/5-J49/1;/--40,Offic
d.
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 NORTH RANGE BEHAVIORAL HEALTH
/14 -
This Agreement Amendment, made and entered intday of 2018, by and between the Board of Weld
ices, Area Agency on Aging, hereinafter
referred to as the "AAA", and North Range Behavioral Health, hereinafter re err • + as the "NRBH".
County Commissioners, on behalf of the Weld County Department of Hu
WHEREAS the parties entered into an Agreement to purchase Peer Counseling Services (the "Original Agreement")
identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015- 1919, 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:
I. The AAA herby agrees to award grant monies in the sum of $90,000 ($31,000 Older Americans Act and $59,000
Older Coloradoans Fund). AAA will reimburse NRBH at $22.94 per hour. NRBH agrees to provide a total of
3,923 units of services for eligible seniors.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS W EREOF, the parties hereto have duly executed the Agreement as of the day, month and year first above written
ATTEST: ..r/ W. sieh0;ti
Wel• • unty Clerk to the B
WELD COUNTY AREA Ac ENCY ON AGING
L..
1 •
Eva M. JewelrDi"" sion ead
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORDO
Steve Moreno, Chair JUL 3 0 2018
CONTRACTOR:
North Range Behavioral Health
1300 North 17th Ave
Greeley, CO 80631
rry Pottorff, : xe utive Direct f
V(
Date
•
aot Se 19 19
C,vvkaL ID -4 12.00
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND NORTH RANGE BEHAVIORAL HEALTH
This Agreement Amendment, made and entered intooday 2017, by and between the Board of Weld
County Commissioners, on behalf of the Weld County Department of Hu' an ices, Area Agency on Aging, hereinafter
referred to as the "AAA", and North Range Behavioral Health, hereinafter referred to as the "NRBH".
WHEREAS the parties entered into an Agreement to purchase Peer Counseling Services (the "Original Agreement")
identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015- 1919, approved on July 1,
2015.
WHEREAS the parties hereby agree to amend the tetm(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, 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:
1. The AAA herby agrees to award grant monies in the sum of $79,000 (531,000 Older Americans Act and $48,000
from the Older Coloradoans Fund) for the period of July I, 2017 through June 30, 2018. AAA will reimburse
NRBH at $22.94 per hour. NRBH agrees to provide a total of 1141 units of services for eligible seniors.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have eduly executed the Agreement as of the day, month and year first above written
ATTEST: d„ $j.�•�
Weld County Clerk to the Board
uty Clerk to the Board
WELD COUNTY DEPART _ N
HU N RVI
COUNTY AREA AGENCY ON AGING
Eva M. Jewell
Head
dautia ardor.
dof7
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY COLORDO
A. Cozad, Chair
Date
h Range Behavioral Health
00 North 17th Ave
Greeley, CO 80631
Potto l� xecutive Di
6.7 /4/ /
cc• HSOCCMIse,/76)
5/I I
2017
ao l 5- 1919
4412.002Slo
ATTEST:
Weld County Clerk to the Board
PURCHASE SERVICE AGREEMENT C0I4'(� i V �I L
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
AND NORTH RANGE BEHAVIORAL HEALTH
This Agreement Amendment, made and entered into lst 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 North Range Behavioral Health, hereinafter referred to as the "NRBH".
WHEREAS the parties entered into an Agreement to purchase Peer Counseling Services (the "Original Agreement")
identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015- 1919 (1), 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 $86,000 ($33,000 Older Americans Act and $53,000
from the Older Coloradoans Fund) for the period of July 1, 2016 through June 30, 2017. AAA will reimburse
NRBH at $22.94 per hour. NRBH agrees to provide a total of 3,750 units of services for eligible seniors.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS CCWHREOF, the
parties hereto have duly executed the Agreement as of the day, month and year first above written /� W
0110{44)
By:
Deputy Cler j o the :oard
WELD COUNTY DEPARTMEN
HUMAN SERVICES
(See OnBase)
Judy Griego, Director
WELD COUNTY AREA AGEN
Eva M. Jewell, P' isio Head
do.,,, apalz„
6 _.29-4:240/b
4.
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORDO
Mike Freeman, Chair •JUN 2 9 2016
CONTRACTOR:
North Range Behavioral Health
300 North 17th Ave
reeley, CO 80631
L Pottorff,ecutive Dir
Date
6/157
5- in (ceax,)
aoi5--I gig (i)
Nk00%
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 Ilealth Care contracting
agency, will be unable to spend all of the dollars that were allocated to them through a FY16
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.
D
4706, Pass -Around Memorandum; April 8 2 16at&o,e. ,
o2oe.5- /9/9
iO 16,
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 NORTH RANGE BEHAVORAL HEALTH
This Agreement Amendment, made and entered into 1St 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 North Range Behavioral Health, hereinafter referred to as the
"NRBH".
WHEREAS the parties entered into an Agreement to purchase and deliver peer counselling services (the
"Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document
No. 2015- 1919, 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 80,000 to $86,000, reimbursing
NRBH at $21.34 per unit of service. NRBH agrees to provide a total of 4,030 units of services for
eligible 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 Cam{
ATTEST: dait•G�:p. COUNTY:
Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORDO
By:
Deputy Cler! to the Boa
WELD COUNTY DEPARTMENT O
HUMAN SERVICES
Jud riego, Di ector
WELT COUNTY AREA AGENCY ON AGING
7
Eva M. Jewell, DivisionWead
II1tiN{.'p,
Mike Freeman, Chair MAY 0 2 2016
CONTRACTOR:
North Range Behavioral Health
1300 North 17th Ave
Greeley, CO 80631
Date
tor
7Zo/5- /9/9 (( )
RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - NORTH RANGE BEHAVIORAL HEALTH
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, Area Agency
on Aging, and North Range Behavioral Health, 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 North Range Behavioral Health, 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.
ATTEST: ��6O144.) .1EL:A
Weld County Clerk to the Board
County Attorney
Date of signature: 7194/
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Lytt4-�k
aarbara Kirkmeyet, Chair
Mike Freeman, Pro-Tem
Steve Moreno
CC: -)$ 8/6,
2015-1919
HR0086
MEMORANDUM
RE:
June 18, 2015
Board of County Commissioners Pass -Around
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
Sery ice
Fl 16
1 nit Cost
F1'16 F1 IS
Contract Current
('nit Cost
FY 15
Current
Contract
Catholic Charities
Northern
Hispanic Outreach
$33.00
560.000 Expenditure
based
$60,0011
Catholic Charities
Norther
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 Dav Program
$16.88
$50,000
$15.69
$51),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
Home Delivered Meals
$6.00
$140,000
$5.73
$130.000
North Range Behavioral
I Iealth
Peer Counseling
$21.34
$80.000
$21.33
S80,000
Rehabilitation and
Visiting Nurse
Association
Homemaker and Personal
Care
$25.25
$115.000
$70,000
$24.74
$115.000
Senior Resource Services
VolunteerTrans�artation f
$12.55
SI (.98
$50,000
1 do not recommend a Work Session. I recommend approval of these Agreements.
Sean Conway
Steve Moreno
Barbara Kirkmeycr
'like Freeman
Julie ('oiad
:approve
BU('(' .
Request
4rnda Work S •tisiun
Pass -Around Memorandum; June 18 21)15
2015-1919
Page 1
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st 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" and North Range Behavioral Health, hereinafter referred to as
"NRBH".
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, NRBH is a private, non-profit organization existing for the purpose providing
mental health services to residents of Weld County, and
WHEREAS, AAA desires to purchase peer counseling services for low-income seniors from
NRBH
NOW THEREFORE, it is mutually agreed:
1. The AAA hereby agrees to award grant monies in the sum of $80,000 ($33,000 Older
Americans Act and $47,000 State Funds) to NRBH.
2. NRBH agrees to provide 3749 units of Peer Counseling to 180 older adults with the goal
of serving 54 rural seniors and 25 Hispanic seniors.
3. The AAA agrees to reimburse NRBH for all eligible project costs up to by not exceeding
the sum of $80,000 at an hourly rate of $21.34 per hour.
4. NRBH agrees to commence services with thirty (30) days after the signing of the
Agreement and assure completion of all services required hereunder by June 30, 2016.
5. NRBH agrees to document and report any project income received as a result of services
provided under the Agreement.
6. NRBH agrees to include the following statement in any written materials (pamphlets,
brochures, announcements, etc.) or in any verbal presentations: NRBH is supported, in
part by funds provided by the Weld County Area Agency on Aging through the Older
Americans Act.
7. NRBH understands that AAA is required to conduct periodic evaluations of the activities
1
a0/5 --/v(9 (,)
conducted under this Agreement and to monitor on an ongoing basis the performance of
NRBH to insure that the funds made available by the Agreement are expended in keeping
with the purposes for which they were awarded; and NRBH 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 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 NRBH's
compensation, and including changes in budget allocations which are mutually agreed
upon by and between the AAA and NRBH, shall be incorporated in written amendments
to this Agreement and in appropriate revisions to the grant proposal.
9. NRBH 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;
2
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.
g.
Agrees to have policies and procedures for complaint/appeal tracking, timely
disposition of complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy, which will address any alleged
infractions of any federal state or local laws by NRBH 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
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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.
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
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
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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 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
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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 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.
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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.
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.
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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.
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 there under, 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.
8
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
(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:
Attn.:
Address:
E-mail:
County:
Name:
Position:
Address:
E-mail:
Facsimile:
Larry Pottorff
Executive Director,
1300 North 17th Ave
Greeley, Colorado 80631
larry.pottorff@northrange.org
Eva Jewell
Weld County Area Agency on Aging Division Head
315 North 11th Ave Building C or PO Box 1805
Greeley, Colorado 80631
ejewell@weldgov.com
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.
9
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.
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.
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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.
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
11
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
North Range Behavioral Health. 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 North
Range Behavioral Health 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
13
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 HIPAA and creates or obtains its own PHI for treatment, payment and
health 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; (H) 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
14
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.
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.
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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 set forth in Section 2(b) of this Addendum.
i. 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).
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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 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. 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.
q. 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
Protect 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.
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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. To the extent that it may affect Associate's permitted use or disclosure 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.
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.
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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
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.
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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
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
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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 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 Ave PO Box 1805
Greeley, Colorado 80631
Contractor/Business Associate Representative:
Name: Larry Pottorff
Title: Executive Director
Department and Division: North Range Behavioral Health
Address: 1300 North 17`h Ave
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 North Range Behavioral Health , ("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:
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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.]
51-
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this �` day of
, 20l
CONT: CTOR:
By: I �
Name:
Title: tl
V1�'2l) 1.A,C I Date OU-�����
WELD COUNTY:
ATTEST[
Weld Co toe
BY:
atitet 1§Yid
Deputy Clerk to the Boar
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
arbara Kirkmey> r, Chair
JUL 0 12015
APPROVED AS TO SUBSTANCE:
NIA
Director of General Services
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