HomeMy WebLinkAbout20161281.tiff Ni\AY0.0
PURCHASE SERVICE AGREEMENT
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
1 4r AND A CARING HAND, INC. dba ALL VALLEY HOME CARE
o
This Agreement Amendment,made and entered into 1St 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 A Caring Hand,Inc. dba All Valley Home Care,hereinafter referred to as
"All Valley Home Care".
WHEREAS the parties entered into an Agreement to purchase and deliver homemaker and personal care
services(the"Original Agreement")identified by the Weld County Clerk to the Board of County Commissioners as
document No. 2016-1281,approved on March 22,2016.
WHEREAS the parties hereby agree to amend the term(s)of the Original A eement in accordance with the
g �'
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 terms of this agreement will be extended through June 30,2017.This amendment will terminate immediately
in the event of loss of funding.
• The Amendment,together with the Original Agreement,constitutes the entire understanding between the
parties.
• 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: df . LO:ok, COUNTY:
Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORDO
By: `:��.. . �i�!�!`71 ad,a
Deputy Cler Sto the Board �� Mike Freeman,Chair
t w442
JUL 1 3 2016
WELD COUNTY DEPARTMEN J OW s >�.- ONTRACTOR:
HUMAN SERV ES ` lA Caring Hand, Inc. dba All Valley Home Care
717 5t"Avenue
Longmont,CO 80501
Ju., riego, P irecto
WE D COUNTY AREA AGENCY ON AGING
J. et Simmons,Administrator
Eva M.Jewell, 'on Head Da
e ` 1 - dr c; -et_ aoia- /2/ Cif
7-/3-.20/• 7/13// 4°' /he DO77
RESOLUTION
RE: APPROVE TEN (10) AGREEMENTS FOR PURCHASES OF IN-HOME SERVICES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with ten (10) Agreements for Purchases of
In-Home Services 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 Department of Human
Services, Area Agency on Aging, and the various providers, as follows commencing upon full
execution of signatures and ending June 31, 2016, with further terms and conditions being as
stated in said agreements, and
1. A Caring Hand, Inc., dba All Valley Home Care
2. A Little R & R Home Care
3. Altitude Home Care
4. Andrea's Angels, Inc.
5. Britin, LLC, dba First Light Home Care
6. Caregivers, Inc., dba Homewatch Caregivers of Northern Colorado
7. Compassionate Connection, LLC, dba Seniors Helping Seniors
8. Mile High Seniors, Inc., dba Home Helpers and Direct Link
9. Synergy Home Care
10. Visiting Angels Living Assistance Services of Windsor
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which is attached hereto and incorporated herein by reference.
/ Orly/Ott .each
t� N51)(O4)
2016-1281 thru 1290
HR0087
RE: TEN AGREEMENTS FOR PURCHASE OF IN-HOME SERVICES WITH VARIOUS
PROVIDERS
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the ten (10) Agreements for Purchases of In-Home Services 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 the various
providers as listed above be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of April, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
thefts%) ado
ATTEST: • n ;1.°E.
Mike Freeman, Chair
Weld County Clerk to t Board 7' c'
dOCAAA-
DepSean P. Con y, Pro-TeBY:4 u ty Clerk to the Board a
""e
APPR RM: I c`SED
Kirkmeyer
unty Attorney �- r
o��`I '�/ - °U4
eMoreno
Date of signature: � X91 4 iI
2016-1281 thru 1290
HR0087
MEMORANDUM
DATE: April 1,2016
18
,E, � � TO: Board of County Commissioners—Pass-Around
r _
FR: Judy A.Griego, Director, Human Services
COUNT "cJ C RE: Weld County Department of Human Services' Area Agency on
Aging(AAA)Purchase of Services Agreements with 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 of the Department's Area Agency on Aging(AAA)Purchase of Services
Agreements with Various Providers.The Weld County Area Agency on Aging(AAA) is in the
process of developing the new In-Home Services Voucher Program. This program will provide
assistance to eligible Weld County residents 60 years of age and older that require assistance with
personal care and homemaking services. Personal care services include, but are not limited to, bathing,
dressing, mobility, and hygiene assistance. Homemaking services include, but are not limited to, laundry
assistance, dusting, vacuuming,and bathroom cleaning. Program participants will be able to choose from
the following providers:
`•- A Caring Hand, Inc. dba All Valley Home Care 4/0 Z
N. •- A Little R& R Home Care --
N. Allegiance Home Care -n30
•- Altitude Home Care ,- pfd 3'
•- Andrea's Angels, Inc. . -/L//f
•- Britin LLC dba First Light Home Care- 911 3
- Caregivers, Inc. dba Homewatch Caregivers of Northern Colorado - 51�
• Caregivers West LLC dba Caring Senior Service of Lakewood -#Uaa
•- Compassionate Connection LLC dba Seniors Helping Seniors— !0171/7
•_ Mile High Seniors, Inc. dba Home Helpers and Direct Link — #4tO2O
•— Synergy Home Care 4171-0,6
N. • — Visiting Angels Living Assistance Services of Windsor 040*
AAA agrees to reimburse the provider for services at the rate of$25.00 per unit of service(I unit of
service= 1 hour of personal care and/or homemaker services)The State has allocated$35,000.00 for this
year's voucher program.The term of these Agreements begin upon the date of the execution by the
County and will end on June 31,2016. AAA and the Providers will discuss renewal prior to that date.
I do not recommend a Work Session. I recommend approval of these Agreements.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad I
Pass-Around Memorandum; April 1, 2016- Contract ID #s 401-405 and TBD Page 1
v7v/G-/a8/
/D Soo
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this March 22, 2016 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
"WCAAA"or County and A Caring Hand, Inc. dba All Valley Home Care,hereinafter referred to as"All
Valley Home Care"or Provider agency.
WITNESSETH:
WHEREAS, In-Home Services for older adults, as defined by the 12 CCR 2510-1, Colorado Older
Americans Act,Volume 10, are widely recognized as valued services that assist individuals who
experience difficulty performing activities of daily living to remain in their homes and to live
independently.
WHEREAS, WCAAA serves as the advocate and focal point for older persons with the greatest economic
and social need, and
WHEREAS, All Valley Home Care is an organization existing for the purpose of providing homemaker
and personal care services to residents of Weld County,and
WHEREAS, WCAAA desires to purchase homemaker and personal care services for low-income seniors
from All Valley Home Care
NOW THEREFORE, it is mutually agreed:
1. The WCAAA hereby agrees to reimburse All Valley Home Care for services at the rate of$25.00
per unit of service. (1 unit of service= 1 hour of personal care and/or homemaker services)
2. All Valley Home Care 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.
3. All Valley Home Care will not accept donations related to the services provided in this
agreement. All donations received related to the services provided under this agreement must be
referred back to WCAAA.
4. All Valley Home Care understands that WCAAA is required to conduct periodic evaluations of
the activities conducted under this Agreement and to monitor on an ongoing basis the
performance of All Valley Home Care to insure that the funds made available by the Agreement
are expended in keeping with the purposes for which they were awarded; and All Valley Home
Care accordingly agrees to cooperate fully with the WCAAA 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 WCAAA for the purpose of audit; and further agrees to do all
things necessary to enable WCAAA to fulfill its obligation to the State of Colorado and the
United States Government.
5. Any changes, including any increase or decrease in the amount of All Valley Home Care's
compensation, and including changes in budget allocations which are mutually agreed upon by
and between the WCAAA and All Valley Home Care, shall be incorporated in
amendments to this Agreement and in appropriate revisions to the grant propose 2016-1281 C
1
6. All Valley Home Care 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 WCAAA.
b. This award is made for the initial term stated in this Agreement. This Agreement in no
way implies that further funding beyond the initial term is available. Funding for future
term is contingent upon the availability of funds and approval of future project
applications.
c. Agrees to keep records and make reports on the forms required by the WCAAA and in
accordance with guidelines issued by the State of Colorado and the Administration on
Aging, specifically Provider agency agrees,
i. To submit financial reports to the WCAAA at a minimum monthly;
ii. To submit other reports to the WCAAA as requested;
iii. To maintain internet access in order to transfer all required data to the WCAAA.
d. Agrees to advise the WCAAA of needed program and financial changes and await
approval from the WCAAA prior to change implementation.
e. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition
of complaints/appeals and documentation of such processes that includes all information
in Exhibit C. A complaint log shall be kept on file and shall be available for WCAAA
review as requested. Recipients must also be provided the WCAAA complaints and
appeal process.
f. Agrees to have a client grievance policy,which will address any alleged infractions of
any federal, state or local laws by All Valley Home Care against recipients of or
applicants for services.
g. Agrees to perform background checks of all employees, volunteers or subcontractors
pursuant to C.R.S. 27-1-1 10 and in accordance with the policy of WCAAA and the State
Unit on Aging.
7. Performance Measures
a. As part of the State's Unit on Aging performance-based requirement,the WCAAA will
survey recipients in a month to be determined. During this time, provider agencies will
not be allowed to survey clients. This month is subject to change each fiscal year.
8. Scope of Work
a. Definitions(Volume 10 Older Americans Act/State Unit on Aging Policy and Procedure
Manual 2/1/2016)
i. "Frail"means an older adult who is determined to be functionally impaired due
to inability to perform at least two Activities of Daily Living without substantial
2
human assistance, including verbal reminding, physical cueing, or supervision;
or, a cognitive or other mental impairment, requiring substantial supervision
because the individual behaves in a manner that poses a serious health or safety
hazard to self or others.
ii. "Homemaker Services"means providing assistance to persons who meet the
eligibility requirements for in-home services and who are unable to perform two
or more of the following Instrumental Activities of Daily Living: preparing
meals, laundry, shopping for personal items, managing money,using the
telephone or doing light housework.
iii. "Homemaker eligibility" is restricted to those persons who are unable to perform
at least two Instrumental Activities of Daily Living without substantial human
assistance, including verbal reminding,physical cueing, or supervision; or due to
a cognitive or other mental impairment, requires substantial supervision because
the individual behaves in a manner that poses a serious health or safety hazard to
the individual or to another individual.
Instrumental Activities of Daily Living(IADL)shall include:
a. Meal Preparation;
b. Housework;
c. Laundry;
d. Shopping;
e. Medication Management;
f. Appointment Management;
g. Money Management;
h. Accessing Resources/Transportation; and
i. Telephone.
iv. "Personal Care"means providing personal assistance, stand-by assistance,
supervision or cues for persons who meet the requirements for in-home services.
v. "Personal Care Eligibility" is restricted to those persons who fit the definition of
"frail"within the Older Americans Act.
Activities of Daily Living(ADL) shall include:
a. Mobility;
b. Transfers;
c. Bladder Care;
d. Bowel Care;
e. Bathing;
f. Dressing;
g. Eating; and
h. Hygiene
vi. All Weld County adults age sixty and older who meet the necessary definitions in
this section shall be eligible for services. If resources are not available to serve all
eligible older adults who request services,preference and priority shall be given
to those eligible persons of greatest social and economic need with particular
attention to low-income older adults and older adults residing in rural areas. In-
home services shall be made available to individuals with Alzheimer's disease
3
and related disorders or with neurological and organic brain dysfunction and their
families.
b. General Guidelines
i. Upon referral to the WCAAA recipients will be assessed by the Community
Services and Support Coordinator using the standard Title III NAPIS Intake form
at the time of the initial enrollment and each six month period thereafter. In the
event the coordinator is not available, assessments may be completed by
authorized WCAAA staff.
ii. Recipients must be 60 years of age or older and live in Weld County.
iii. Recipients must meet criteria for homemaker/personal care services as outlined
in regulations. WCAAA will follow Older Americans Act and target populations
with greatest economic need; greatest social need; low-income; minority; frail;
older individuals residing in rural areas.
iv. Vouchers will be awarded on a first-come, first-served basis contingent on
funding. Funding for this program is based on a fiscal year of July 1 to June 30.
v. If funding is not available at time of request,the applicant will be placed on a
wait list for the next funding cycle.
vi. Recipients are required to use a home health care provider from the list of
agencies contracted with WCAAA for in-home services. If the recipient does not
indicate a preference, WCAAA staff will assign a Provider agency based on a
rotating schedule to assure equal distribution of hours and units of services. If
Provider agency selected is not able to meet the need, staff will choose next
agency on the list.
vii. Any homemaker or personal care costs incurred prior to receipt of a voucher or
after voucher expires will not be covered by the In-Home Services Voucher
Program.
viii. Vouchers will be submitted by Provider agency to the WCAAA for payment(see
Exhibit B).
ix. Only approved services listed on the award voucher will be honored. Any costs
or services incurred above and beyond the authorized services and hours/units
will be the responsibility of the recipient.
x. Concerns or complaints about services should be reported to the WCAAA. All
recipients will be made aware of the WCAAA grievance procedures at time of
enrollment(see Exhibit C). Please refer to Volume 10 and the State Unit on
Aging Policy and Procedures for regulation guidance.
xi. If homemaker or personal care services are not used for a thirty(30)day period,
the voucher may be withdrawn with notice by the WCAAA and assigned to
another recipient.
4
xii. Any unused hours/units of authorized services cannot be carried over into the
next funding cycle.
xiii. Assigned providers must contact WCAAA Community Services and Support
Coordinator immediately upon any changes in status of assigned recipients(i.e.
fall; hospitalization; move; death)or to request additional hours due to change in
recipient status or a termination of services.
xiv. Recipients and their assigned provider agencies will need to track the hours/units
of service they receive to avoid exceeding authorized hours/units of service.
xv. Recipients will be given information regarding donations at time of enrollment.
All donations for In-Home Services Voucher Program will be sent to WCAAA
and used by the program for service delivery.
xvi. Applicants on the Long-Term Care Medicaid HCBS waiver are not eligible for
the In-Home Services Voucher Program; however,pending applicants may be
eligible until approval is granted for the HCBS waiver.
c. Referral, Assessment and Follow-up Guideline
i. Referrals may be accepted from other agencies, caseworkers, providers,
professionals, self-referral,and family members of applicants. All referrals for
the In-Home Services Voucher Program will be processed by the WCAAA. The
Community Services and Support Coordinator will obtain basic recipient
information such as name, contact information, age, general care needs, housing
situation and other programs or agencies involved. As appropriate,the
Community Services and Support Coordinator will schedule a home visit to
complete a full assessment using the Title III NAPIS Intake.
ii. Upon approval or denial of application,the Community Services and Support
Coordinator will notify applicant via United States Postal Services of the
eligibility status and include hours/units of service information, guidelines and
instructions. The Community Services and Support Coordinator will notify
assigned Provider agency by electronically sending or faxing recipient
Assessment, Task Sheet, Release of Information,and Voucher including assigned
hours/units. The Community Services and Support Coordinator will follow up
with agency and/or recipient to assure services begin within one week.
Community Services and Support Coordinator will be available to problem solve
as needed.
d. Reimbursement for Services
i. Reimbursement for services will be monthly. See Exhibit B for complete
instructions. All questions and concerns regarding reimbursements will be
directed to the Community Services and Support Coordinator.
ii. Only approved services listed on the award voucher will be honored. Any costs
or services incurred above and beyond the authorized hours/units will not be
reimbursed and will be the responsibility of the recipient/assigned agency.
Provider agency may not request reimbursement for services unless services have
5
been rendered; if a client is not home at the scheduled time,the cost is not
reimbursable. Travel time to the recipient's residence is not a reimbursable
service.
e. Hours/Units of Service
i. Applicants qualifying for the In-Home Services Voucher Program will be limited
to a maximum amount of hours/units of service. WCAAA will reimburse the
Provider agency for services at the rate of$25.00 per unit of service(one unit of
service= 1 hour of personal care or homemaker services). WCAAA is not
guaranteeing a minimum number of units or recipients. Travel will not be
reimbursed. The general guidelines for homemaker services are 12 hours/units of
service per month and for personal care 12 hours/units of service per month
based on funding availability and need. Exceptions to these guidelines will be
reviewed on a case by case basis.
f. Changes in Services or Hours
i. All changes to services or hours/units must be approved by the Community
Services and Support Coordinator and a new voucher will be generated that
reflects the changes.
ii. Provider agency will not be paid for any changes in services or hours/units unless
prior approval is received by the Community Services and Support Coordinator
and a new voucher is issued.
iii. Payment for any services provided upon the request of the recipient,which are in
addition to the services or hours/units approved by the WCAAA, will be the
responsibility of the recipient.
g. Withdrawal of Service Request
i. A recipient may withdraw a request for homemaker and/or personal care
services. A request to end services must be reported by the recipient or their legal
representative by contacting the WCAAA.
h. Denial or Termination of a Service Request
i. WCAAA makes every effort to be fair to both recipients and service providers
and meet the needs of older adults who need homemaker or personal care
services. The following rules for denial or termination were developed as
guidelines for receiving services with the In-Home Services Voucher Program.
ii. When the WCAAA or Provider agency determines that the In-Home Services
Voucher Program cannot meet the needs of the recipient requesting homemaker
or personal care services,the
WCAAA must be notified by the Provider agency within two(2)business days
of the last day of services being offered, if services cannot be provided and why.
6
i. Reasons for Denial or Termination of Services
i. The WCAAA or Provider agency has determined that the recipient no longer
meets the program eligibility requirements(Age 60+,deficit in 2 IADLs or 2
ADLs,with a focus on recipients with greatest economic need; greatest social
need; low-income; minority; frail; older individuals residing in rural areas as
defined in Volume 10)
ii. The recipient is unavailable for scheduled appointments(same day and time)and
is requesting a variable schedule that creates undue hardship for service
providers.
iii. The recipient is not home for scheduled appointments on two(2)or more
occasions, and has failed to notify the Provider agency 24 hours in advance.
iv. The recipient has cancelled three(3)or more consecutive appointments without
due cause(i.e. hospitalization,temporary out-of-home placement, illness).
v. The recipient is verbally or physically abusive to provider.
vi. Provider agency has the right to refuse service to recipients when provider health
or safety is deemed to be at risk and the recipient home is unsafe.
j. Training for Staff
i. Homemaker provider agencies shall document that all homemakers have
received a minimum of eight hours of training or have passed a skills validation
test prior to delivery of services in the provision of Homemaker Services,to
include at a minimum the following:
1. Basic techniques in light housecleaning including,but not limited to
dusting,vacuuming, mopping, and cleaning of bathroom and kitchen
areas;
2. Basic nutritional requirements including shopping, meal preparation, and
proper food handling and storage techniques;
3. Dishwashing, bed making, and laundry;
4. Basic techniques of identifying and correcting potential safety hazards in
the home;
5. First aid and emergency procedures and basic infection control
techniques, including universal precautions; and
6. Screening for situations requiring assistance.
ii. A person,who at a minimum, has received the eight(8)hours of training listed
herein or passed the skills validation test required of homemakers, shall be
considered qualified to supervise other employees. Supervision shall include, but
not be limited to:
7
1. Arrangement and documentation of training;
2. Informing staff of policies concerning advance directives and emergency
procedures;
3. Oversight of scheduling and notification to clients of changes;
4. Meetings and conferences with staff as necessary;
5. Investigation of complaints;
6. Counseling with staff on difficult cases, and potentially dangerous
situations;
7. Communications with case managers as necessary;
8. Oversight of record keeping by staff; and
9. Supervisory visits shall be made to the participant's home at least every
six months or more often as necessary for problem resolution, skills
validation of staff,observation of the home's condition,and assessment
of participant's satisfaction with services.
iii. Personal Care provider agencies shall document that all staff rendering personal
care services to older adults shall receive at least 20 hours of training or pass a
skills validation test prior to service delivery in the following:
1. Basic personal care procedures, including bathing, skin care, hair care,
nail care,mouth care, shaving, dressing, and feeding;
2. Assistance with ambulation, exercises,and transfers
3. Bowel and bladder care;
4. Medication;
5. Homemaking and protective oversight;
6. Basic nutritional requirements, including meal planning, shopping and
food storage;
7. Basic first aid,training in infection control, and emergency procedures;
8. Basic techniques of identifying and correcting potential safety hazards in
the home; and
9. Techniques in lifting.
iv. A person who, at a minimum, has received the 20 hours of training listed herein
or passed the skills validation test required of personal care staff shall be
8
considered qualified to supervise all employees giving personal care. Supervision
shall include,but is not limited to:
1. Orientation of staff to agency policies and procedures;
2. Arrangement and documentation of training;
3. Informing staff of policies concerning advance directives and emergency
procedures;
4. Oversight of scheduling, and notification to clients of changes; or close
communication with scheduling staff;
5. Written assignment of duties on a client-specific basis;
6. Meetings and conferences with staff as necessary;
7. Investigation of complaints and critical incidents;
8. Counseling with staff on difficult cases, and potentially dangerous
situations; and
9. Communication with case managers, the physicians, and other providers
on the service plan, as necessary to assure appropriate and effective care.
10. Supervisory visits shall be made to the participant's home at least every
three months or more often as necessary, for problem resolution, skills
validation of staff,participant specific or procedure-specific training of
staff, observation of the participant's condition and care, and assessment
of satisfaction with services. At least one of the assigned personal staff
shall be present at supervisory visits.
9. Term
a. The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through June 30,2016. This contract may be renewed for
additional one(1)year terms at the discretion of the WCAAA and the Weld County
Board of County Commissioners. 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 the County for periods longer than one year. Therefore, within
the thirty(30)days preceding June 30 of each year, County shall notify Provider agency,
in writing if it wishes to renew this Contract for another term.
10. Termination
a. Either party 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 prior notice upon notice of a material breach of the terms of the Agreement.
b. Upon termination of this Agreement, Provider agency shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act
9
incidental thereto, except for compensation for work satisfactorily performed and/or
materials described herein properly delivered.
11. Extension or Modification
a. Any amendments or modifications to this agreement shall be in writing signed by both
parties.No additional services or work performed by Provider agency shall be the basis
for additional compensation unless and until Provider agency has obtained written
authorization and acknowledgement by County for such additional services.
12. Compensation/Contract Amount
a. In no event shall County be required to pay Provider agency more than the available
grant funds contemplated in this Agreement, nor more than that amount stated in
paragraph 1. Provider agency 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.
b. Provider agency shall provide invoices to County on a monthly basis. County shall pay
all such invoices, unless in dispute, within 30 days of receipt.
c. County will not withhold any taxes from monies paid to the Provider agency hereunder
and Provider agency 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.
d. 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.
13. Independent Contractor
a. Provider agency agrees that it is an independent Contractor and that its 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. Provider agency shall
perform its duties hereunder as an independent Contractor. Provider agency shall be
solely responsible for its acts and those of its agents and employees for all acts performed
pursuant to this Agreement. Provider agency, 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.
14. Subcontractors
a. Provider agency acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of agency. Provider agency shall not enter
into any subcontractor agreements for performance under this agreement without
County's prior written consent,which may be withheld in County's sole discretion.
10
15. Ownership
a. All work and information obtained by Provider agency under this Agreement shall
become or remain (as applicable),the property of County.
16. Confidentiality
a. Provider agency agrees to keep confidential all of County's confidential information.
Provider agency 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. Provider agency 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.
17. Warranty
a. Provider agency 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. Provider agency 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.
18. Acceptance of Services Not a Waiver
a. 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 Provider agency. 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.
19. Insurance and Indemnification
a. General Requirements: Provider agency 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. Provider agencies 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.
b. The insurance coverage's specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Provider agency. The County
in no way warrants that the minimum limits contained herein are sufficient to protect the
Provider agency from liabilities that might arise out of the performance of the work under
this Contract by the Provider agency, its agents, representatives, employees, or
subcontractors.
c. The Provider agency 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 agency and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
11
d. INDEMNITY: The Provider agency 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 Provider agency to
conform to any statutes, ordinances,regulation, law or court decree. The Provider agency
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.
e. Types of Insurance: The Provider agency shall obtain, and maintain at all times during
the term of any Agreement, insurance in the following kinds and amounts:
i. Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Provider agency'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
Provider agency or subcontractor is exempt under Colorado Workers'
Compensation Act., AND when such Provider agency or subcontractor executes
the appropriate sole proprietor waiver form.
ii. 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
iii. Professional Liability: Professional liability insurance with minimum limits of
liability of not less than $1,000,000, unless waived by the State.
iv. Privacy Insurance: If this Contract includes a HIPAA Associates Addendum
exhibit, Provider agency 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.
v. Automobile Liability: Provider agency 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.
f. Provider agency 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.
12
g. Proof of Insurance: County reserves the right to require the Provider agency 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.
h. Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Provider agency insurer shall name County as
an additional insured.
i. Waiver of Subrogation: For all coverages, Provider agency insurer shall waive
subrogation rights against County.
j. 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 Provider agency. Provider agency 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. Provider agency agrees to provide proof of insurance for all such
subcontractors, independent Contractors, sub-vendors suppliers or other entities upon
request by the County.
20. Non-Assignment
a. Provider agency may not assign or transfer this Agreement or any interest therein or
claim thereunder,without the prior written approval of County. Any attempts by Provider
agency 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
Provider agency hereunder. Such consent may be granted or denied at the sole and
absolute discretion of County.
21. Examination of Records
a. To the extent required by law,the Provider agency agrees that a 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 Provider agency,
involving all matters and/or transactions related to this Agreement. The Provider agency
agrees to maintain these documents for three years from the date of the last payment
received.
22. Interruptions
a. 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.
23. Notices
a. 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
13
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):
i. personal service by a reputable courier service requiring signature for receipt; or
ii. 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
iii. electronic transmission via email at the address set forth below,where a receipt
or acknowledgment is required by the sending party; or
iv. transmission via facsimile,at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
b. Either party may change its notice address by written notice to the other.
Notification Information:
Provider agency: A Caring Hand, Inc. dba All Valley Home Care
Attn.: Janet Simmons
Address: 717 5th Avenue
Address: Longmont, CO 80501
Email: janet.simmons@vidaseniorresource.com
County:
Name: Eva Jewell
Position: Weld County Area Agency on Aging Division Head
Address: 315 North 11th Ave Building C or P.O. Box 1805
Address: Greeley CO 80631
Email: ejewell@weldgov.com
Facsimile: 970-346-6951
24. Compliance with Law
a. Provider agency 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.
25. Non-Exclusive Agreement
a. This Agreement is nonexclusive and WCAAA may engage or use other Provider
agencies or persons to perform services of the same or similar nature.
26. Entire Agreement/Modifications
a. 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
14
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.
27. Fund Availability
a. Financial obligations of WCAAA 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 WCAAA does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
28. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507
a. 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 Provider agency's services and Provider agency shall not employ any
person having such known interests. During the term of this Agreement, Provider agency
shall not engage 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 Provider agency to
ensure compliance with this provision may result, in County's sole discretion, in
immediate termination of this Agreement.No employee of Provider agency nor any
member of Provider agency's family shall serve on a County Board,committee or hold
any such position which either by rule, practice or action nominates, recommends,
supervises Provider agency's operations, or authorizes funding to Provider agency.
29. Severability
a. 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.
30. Governmental Immunity
a. 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.
31. No Third Party Beneficiary
a. 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
15
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
32. Board of County Commissioners of Weld County Approval
a. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
33. Choice of Law/Jurisdiction
a. 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,
Provider agency agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve said dispute.
34. Public Contracts for Services C.R.S. §8-17.5-101
a. Provider agency certifies,warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract. Provider agency
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). Provider agency 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 Provider agency that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement. Provider agency 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 Provider agency obtains actual knowledge
that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Provider agency shall notify the subcontractor
and County within three(3)days that Provider agency 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. Provider agency 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. Provider
agency 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 Provider agency participates in the State of Colorado program, Provider
agency shall,within twenty days after hiring a new employee to perform work under the
contract, affirm that Provider agency 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. Provider agency 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
Provider agency 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,
Provider agency shall be liable for actual and consequential damages.
16
b. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-
103(3), if Provider agency receives federal or state funds under the contract, Provider
agency 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 Provider agency
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.
35. Acknowledgement
a. County and Provider agency 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.
17
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 All Valley Home Care. 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 All Valley Home Care 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
care operations, Protected Information under this Contract does not include any PHI created
18
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.
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.
19
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 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.
20
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 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
21
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 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.
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
22
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 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.
23
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
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
24
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
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: Janet Simmons
Title: Director
Department and Division: A Caring Hand, Inc. dba All Valley Home Care
Address: 717 5th Avenue
Longmont, Colorado 80501
25
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 All Valley Home Care, ("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:
6. Additional Terms. [This section may include specifications for disclosure format, method of
transmission, use of an intermediary, use of digital signatures or PKI, authentication, additional security
of privacy specifications, de-identification or re-identification of data and other additional terms.]
26
IN WITNESS WHEREOF,the parties hereto have signed this Agreement this 22St day of March, 2016.
CONTRACTOR:
A Caring Hand, Inc. dba All Valley Home Care
717 5th Avenue
Longmont, CO 80501
L a /
By: ��;! c<0 Date
Title: ac Q,,,„,l r\I a+C1rjV VT's-) t CD(\1(\
WELD COUNTY:ATTEST: darif44) W ,,.,fok BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY: /LAW�r `�-% �t� T1 -
Deputy Clerk to e Boar ., L /,y Mike Freeman, Chair APR 1 3 2D96
+03',' I 1
%$61 ;, 0.��
let Al APPROVED AS TO SUBSTANCE:
lec ed Offi ial or De artme Head
010/4, —/x/(/72
Exhibit B
Weld County Area Agency on Aging In-Home Services Voucher Program
Instructions for completing voucher
1. When a consumer is awarded units/hours of service,the WCAAA will generate a voucher that includes
the name and contact information of the consumer, invoice number, date of issue, number of units/hours
awarded, and expiration date of the voucher.
2. Vouchers are valid for a six month period of time unless otherwise indicated. At the end of voucher
period,the consumer will be reassessed by the WCAAA for the program and if applicable,they will be
issued a new voucher for ongoing units of service.
3. Consumers will be notified advising them of the number of units/hours awarded and the expiration date of
the voucher.
4. WCAAA will confirm with consumers which provider agency they have chosen to provide services.
WCAAA will contact the provider agency and provide them with a copy of the voucher. The voucher will
be used by providers for reimbursement during that voucher period(expiring every six months during a
fiscal year July 1-June 30. If consumer is approved in September,the voucher will expire December 31
and may be eligible for another six months beginning January 1 expiring June 30).
5. Provider agency is responsible for obtaining and verifying with the WCAAA that the consumer has a
valid voucher before providing services.
6. The provider agency will need to complete and submit the voucher each month to be reimbursed for units
of service rendered.
• Vouchers must be received by the 10th of each month for processing.
• In addition to individual vouchers, provider agency will submit an invoice for the services
delivered for the month.
• If provider agency has more than one consumer receiving services through the WCAAA In-Home
Services Voucher Program, all may be listed on one company invoice with number of hours/units
provided with corresponding vouchers attached.
• The submission of the completed voucher and invoice by the provider agency is the request for
payment.
7. In the event of a program audit, provider agency must be able to show proof that a visit and services were
provided.
8. All information inside the center box of the voucher should be completed by the provider agency each
month, and the voucher must be signed by an authorized agency representative in order for the voucher to
be processed for payment.
9. Vouchers with missing information or signatures will be returned to provider agency to be completed and
returned for payment.
10. Payments will be processed and mailed to provider upon receipt of completed voucher(s)and invoice
generally within three to four weeks.
11. Provider agency must track units/hours of service and will not be reimbursed for any services other than
those indicated on the Task Sheet without prior approval from the WCAAA.
12. Provider agency will not be reimbursed for any units of service provided that exceeds units/hours of
service allocated on the voucher without prior approval from the WCAAA.
13. Only the homemaker/personal care services outlined in the In-Home Services Voucher Program
Eligibility Guidelines are reimbursable services.
14. Vouchers may be submitted by email or fax:
• Email: mshepard@weldgov.com
• FAX: (970)346-6951 Attn: Michelle Shepard
28
Exhibit C
Weld County Area Agency on Aging(Region 2B)
Consumer Complaints, Appeals and Hearings Procedure
Updated December 2015
Consumer Complaint
Any older adult, his/her representative, or caregiver applying or receiving services under the Older Americans Act
or State Funding for Senior Services by the Weld County Area Agency on Aging(WCAAA), or a contractor of
the WCAAA, has the right to submit a complaint.
You may file your complaint in person, by telephone,email, or in writing within thirty(30)days of the action or
incident. Complaints shall be forwarded to the appropriate agency for follow-up and resolution. Complaints shall
be resolved at the lowest possible level. If the complaint cannot be resolved at the local level, it may be appealed.
The direct service provider receiving the complaint shall investigate and resolve the complaint. The direct service
provider may be the WCAAA or a contractor of the WCAAA.
Weld County Area Agency on Aging
(970)346-6950
PO Box 1805
Greeley, CO 80632
Written notice of the resolution shall be sent to the complainant within fifteen(15)working days from the time
the agency receives the complaint.
Consumer Appeal
At any time the complainant may contact that State Unit on Aging or if the complainant is dissatisfied with the
complaint resolution, a written appeal may be filed with the State Unit on Aging Director within ten(10)calendar
days of receipt of the decision at:
Colorado Department of Human Services, State Unit on Aging
1575 Sherman Street, 10`" Floor
Denver, CO 80203-1702
(888) 866-4243 (Toll Free)
The State Unit on Aging Director or designee shall complete a review of the complaint and resolution of that
complaint, including all pertinent documentation or new information that may be available. The State Unit on
Aging will provide a written response, including notification of the complainant's rights to an Administrative Law
Judge hearing as described in Section 10.507 if he/she is dissatisfied with the resolution of the appeal,to the
complainant within thirty(30)calendar days of the receipt of appeal.
The appeal procedure may be terminated at any time if the individual and service provider negotiate a written
agreement that resolves the issue in question. Upon termination,the complainant shall file with the WCAAA or
the State Unit on Aging,whichever is applicable, a written notice stating the reason for the termination.
29
Hello