HomeMy WebLinkAbout20151430.tiff RESOLUTION
RE: APPROVE CONTRACT FOR VARIOUS AREA AGENCY ON AGING PROGRAMS
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 a Contract for various programs
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 Colorado Department of Human Services, Division of Aging and Adult
Services, commencing July 1, 2015, and ending June 30, 2016, with further terms and
conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for various programs 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 Colorado
Department of Human Services, Division of Aging and Adult Services, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May, A.D., 2015.
Y
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiteti r�-f � EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
�1 I lac'LC1
Mike Freeman, Pro-Tern
BY: ' 1.' �.�. •
De•ut4/ Clerk to the Bo- d EXCUSED
Sean P. Conway
APPROVED AS TO FO' . � ` LGLG/ ,4,
} L0 J . Cozad
ia�i (�-•mss
County Attorney
4? Chi 4� Steve Moreno
Date of signature: �I�
�C: ts� m�l10
2015-1430
HR0086
MEMORANDUM
DAIL: May l3, 2015
l 0: Board of County Commissioners— Pass-Around
� ' ER: Judy A. Griego, Director, Human Services
RE: Weld County Department of human Services' Various items
•
This Memorandum provides a summary of the following:
• Weld County Department of 1-luman Services' Area Agency on Aging FY 2016
Federal and State Contract
Please review and indicate if you would like a work session prior to placing these items on the
Board's agenda.
2. Request Board Approval for the Departments Area Agency on Aging(AAA) FY
2016 Federal and State Contract. This contract supports the following Older
• Americans Act Programs for older adults: congregate meal program, legal program, the
long term care ombudsman, Hispanic senior outreach, peer counseling, homemaker and
personal care, home delivered meals, health promotion, dental, vision and hearing,
chore, caregiver, grandparents raising grandchildren, case management, adult day care,
administration, etc. The period of performance is July 1, 2015 through June 30, 2016
with a contract amount of$1,852,355.
I do not recommend a Work Session. I recommend approval of this Contract.
Approve Request / �eyc�
BOCC Agenda Work Session ct Y
Sean Conway I
Steve Moreno
Barbara Kirkmeyer
Mike Freeman v-(/
Julie Cozad _
Pass-Around Memorandum; May 13, 2015 Page 1
DEPARTMENT OF HUMAN SERVICES
Contract Routing Number: 16 IHEA AASC 77142
CONTRACT
This contract is made and entered into by and between the named parties. In accordance with the
purposes stated herein, it is hereby agreed as follows:
STATE: CONTRACTOR:
State of Colorado for the use & benefit of the Weld County, Colorado
Department of Human Services Weld County Department of Human Services
Division of Aging and Adult Services Weld County Area Agency on Aging
1575 Sherman St., 10th Floor 315 C. N. 11 th Ave., P.O. Box 1805
Denver, CO 80203 Greeley, CO 80631
CONTRACT MADE DATE: CONTRACTOR'S ENTITY TYPE:
1/6/2015 Government
CONTRACTOR'S STATE OF INCORPORATION:
CT/CTGG1 ENCUMBRANCE NUMBER: N/A
CTGG1 IHEA AASC 16 BILLING STATEMENTS RECEIVED:
TERM: Monthly
This contract shall be effective upon approval STATUTORY AUTHORITY:
by the State Controller, or designee, or on C.R.S. § 26-1-111
7/1/2015, whichever is later. The contract CONTRACT PRICE NOT TO EXCEED:
shall end on 6/30/2016.
$ 1 ,852,355.00
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR
PROCUREMENT METHOD: SFY 16 $1,852,355.00
Law Specified Vendor PRICE STRUCTURE:
BID/RFP/LIST PRICE AGREEMENT NUMBER Cost Reimbursement
Not Applicable
FUND SOURCE-NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID#
LAW SPECIFIED VENDOR STATUTE: OAA #1 SAACOT3SS; 15AACOT3CM;
Federal Older Americans Act 15AACOT3HD; 15AACOT3PH; 15AACOT3FC;
C.R.S. § 26-11-205.5, et seq. 15AACOT7EA; 15AACOT7OM; AND
STATE FUNDING FOR SENIOR•SERVICES
STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE
Department of Human Services Judy A. Griego, Director
Division of Aging and Adult Services Weld County Department of Human Services
Mindy Kemp, Director Weld County Area Agency on Aging
1575 Sherman St., 10th Floor 315 C. N. 11th Ave., P.O. Box 1805
Denver, CO 80203 Greeley, CO 80631
SCOPE OF WORK
In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall:
Perform the duties and responsibilities of an Area Agency on Aging for the prescribed planning and services area.
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EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A- Statement of Work
Exhibit B- Miscellaneous Provisions
Exhibit C- I-IIPAA Business Associated Addendum
Exhibit D- Sample AAA Funding Request
Exhibit E- Sample Option Letter
Exhibit F- Sample Option Letter Performance Measures
Exhibit G- Budget Funding Request Number 1 SFY 16
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and with
appropriate agencies.
APPROVAL:
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
This contractor has been selected in accordance with the requirements of the Colorado Procurement Code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State at any
time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available, and
a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available.
The Contractor understands and agrees that the State shall not be liable for payment for work or services or
for costs or expenses incurred by the Contractor prior to the proper execution and State Controller approval
of this contract.
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GENERAL PROVISIONS
The following clauses apply to this contract: this contract; 4) the exhibits to this contract, except that
any exhibit entitled: "Modifications to the General
A. Governmental Immunity/Limitation of Liability: Provisions" shall take priority over the General
Notwithstanding anything herein to the contrary, no Provisions of this contract.
term or condition of this contract shall be construed E. Notice and Representatives: For the purposes of this
or interpreted as a waiver, express or implied, of any contract, the representative for each party is as
of the immunities, rights, benefits, protection, or designated herein. Any notice required or permitted
other provisions of the "Colorado Governmental
Immunity Act", C.R.S. §24-10-101 , et seq., as now may be delivered in person or sent by registered or
or hereinafter amended. The parties understand and certified mail, return receipt requested, to the party at
agree that the liability of the State for claims for the address provided, and if sent by mail it is effective
injuries to persons or property arising out of when posted in a U.S. Mail Depository with sufficient
negligence of the State of Colorado, its departments, postage attached thereto. Notice of change of address
institutions, agencies, boards, officials and or change or representative shall be treated as any other
employees is controlled and limited by the provisions notice.
of C.R.S. §24-10-101 , et seq., as now or hereafter F. Contractor Representations:
amended and the risk management statutes, C.R.S. 1 . Licenses and Certifications: The Contractor
§24-30-1501, et seq. , as now or hereafter amended. certifies that, at the time of entering into this
Any liability of the State created under any other contract, it and its agents have currently in effect
provision of this contract, whether or not all necessary licenses, certifications, approvals,
incorporated herein by reference, shall be controlled insurance, etc. required to properly provide the
by, limited to, and otherwise modified so as to services and/or supplies covered by this contract
conform with, the above cited laws. in the state of Colorado. Proof of such licenses,
B. Federal Funds Contingency: Payment pursuant to this certifications, approvals, insurance, etc. shall be
contract, if in federal funds, whether in whole or in provided upon the State's request. Any
revocation, withdrawal or nonrenewal of
part, is subject to and contingent upon the continuing necessary license, certification, approval,
availability of federal funds for the purposes hereof. insurance, etc. required for the Contractor to
In the event that said funds, or any part thereof, properly perform this contract, shall be grounds
become unavailable, as determined by the State, the for termination of this contract by the State.
State may immediately terminate this contract or 2. Qualification: Contractor certifies that it is
amend it accordingly. qualified to perform such services or provide such
C. Billing Procedures: The State shall establish billing deliverables as delineated in this contract.
procedures and requirements for payment due the 3. Exclusion, Debarment and/or Suspension:
Contractor in providing performance pursuant to this Contractor represents and warrants that
contract. The Contractor shall comply with the Contractor, or its employees or authorized
established billing procedures and requirements for subcontractors, are not presently excluded from
submission of billing statements. The State shall participation, debarred, suspended, proposed for
comply with CRS 24-30-202(24) when paying vendors debarment, declared ineligible, voluntarily
upon receipt of a correct notice of the amount due for excluded, or otherwise ineligible to participate in a
goods or services provided hereunder. "federal health care program" as defined in 42
U.S.C. § 1320a-7b(f) or in any other government
D. Exhibits- Interpretation: Unless otherwise stated, all payment program by any federal or State of
referenced exhibits are incorporated herein and made a Colorado department or agency. In the event
part of this contract. And, unless otherwise stated, in Contractor, or one of its employees or authorized
the event of conflicts or inconsistencies between this subcontractors, is excluded from participation, or
contract and its exhibits or attachments, such conflicts becomes otherwise ineligible to participate in any
shall be resolved by reference to the documents in the such program during the Term, Contractor will
following order of priority: 1 ) the Special Provisions of notify the State in writing within three (3) days
this contract shall always be controlling over other after such event. Upon the occurrence of such
provisions in the contract or amendments; 2) the event, whether or not such notice is given to
contract "cover" pages; 3) the General Provisions of
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Contractor, the State reserves the right to 101, et seq., as amended (the "GIA"), then
immediately cease contracting with Contractor. Contractor shall maintain at all times during
4. Work Performed Outside the United States or the term of this Contract such liability
Colorado, pursuant to C.R.S. §24-102-206: The insurance, by commercial policy or self-
Contractor certifies all work performed under this insurance, as is necessary to meet its liabilities
Contract, including any subcontracts, is anticipated under the OR. Contractor shall show proof of
to be and will be performed within the United such insurance satisfactory to the State, if
States or Colorado, unless otherwise specified in requested by the State. Contractor shall require
the Statement of Work. If work under this each contract with a Subcontractor that is a
Contract is anticipated to be or will be performed public entity, to include the insurance
outside the United States or Colorado, the requirements necessary to meet such
countries and/or states where work will be Subcontractor's liabilities under the OR.
performed, and the reasons it is necessary or b. Non-Public Entities: If Contractor is not a
advantageous to go outside the United States or "public entity" within the meaning of the GIA,
Colorado to perform the work are also specified in Contractor shall obtain and maintain during
the Statement of Work. the term of this Contract insurance coverage
and policies meeting the same requirements
G. Legal Authority: The Contractor warrants that it set forth in provision I.2 below with respect to
possesses the legal authority to enter into this Subcontractors that are not "public entities".
contract and that it has taken all actions required by 2. Contractors — Subcontractors
its procedures, by-laws, and/or applicable law to Contractor shall require each contract with
exercise that authority, and to lawfully authorize its Subcontractors other than those that are public
undersigned signatory to execute this contract and entities, providing Goods or Services in
bind the Contractor to its terms. The person(s) connection with this Contract, to include
executing this contract on behalf of the Contractor insurance requirements substantially similar to
warrant(s) that such person(s) have full authorization the following:
to execute this contract. a. Worker's Compensation: Worker's
Compensation Insurance as required by State
H. Indemnification: Contractor shall indemnify, statute, and Employer's Liability Insurance
save, and hold harmless the State, its employees and covering all of Contractor or Subcontractor
agents, against any and all claims, damages, liability employees acting within the course and scope
and court awards including costs, expenses, and of their employment.
attorney fees and related costs, incurred as a result of b. General Liability: Commercial General
any act or omission by Contractor, or its employees, Liability Insurance written on ISO occurrence
agents, subcontractors, or assignees pursuant to the form CG 00 01 10/93 or equivalent, covering
terms of this contract. premises operations, fire damage, independent
contractors, products and completed
/Applicable Only to Intergovernmental Contracts/ operations, blanket contractual liability,
No term or condition of this contract shall be personal injury, and advertising liability with
construed or interpreted as a waiver, express or minimum limits as follows:
implied, of any of the immunities, rights, benefits, (a) $ 1 ,000,000 each occurrence;
protection, or other provisions, of the Colorado (b) $1 ,000,000 general aggregate;
Governmental Immunity Act, CRS §24-10-101 et (c) $ 1 ,000,000 products and completed
seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 operations aggregate; and
et seq., as applicable, as now or hereafter amended. (d) $50,000 any one fire.
I. Insurance: Contractor and its Subcontractors shall If any aggregate limit is reduced below
obtain and maintain insurance as specified in this $1 ,000,000 because of claims made or paid,
section at all times during the term of this Contract. Subcontractor shall immediately obtain
All policies evidencing the insurance coverage additional insurance to restore the full
required hereunder shall be issued by insurance aggregate limit and furnish to Contractor a
companies satisfactory to Contractor and the State. certificate or other document satisfactory to
1 . Contractor Contractor showing compliance with this
a. Public Entities: If Contractor is a "public provision.
entity" within the meaning of the Colorado c. Automobile Liability: Automobile Liability
Governmental Immunity Act, CRS §24-10- Insurance covering any auto (including
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owned, hired and non-owned autos) with a State at any other time during the term of this
minimum limit of $1 ,000,000 each accident Contract or any subcontract, Contractor and each
combined single limit. Subcontractor shall, within 10 days of such
d. Professional Liability: Professional liability request, supply to the State evidence satisfactory to
insurance with minimum limits of liability of the State of compliance with the provisions of this
not less than $ 1,000,000, unless waived by the provision I.
State.
e. Privacy Insurance J. Disaster Planning and Pandemic Outbreaks: The
If this Contract includes a HIPAA Business State may require the Contractor to submit a Disaster
Associates Addendum exhibit, Contractor Response Plan (Plan) to ensure the delivery
shall obtain and maintain during the term of hereunder of essential government services during a
this Contract liability insurance covering all disaster, declared emergency, and/or pandemic
loss of Protected Health Information data and outbreak. The Plan would take precedence over and
claims based upon alleged violations of nullify any contractual provision relating to force
privacy rights through improper use or majeure or "Acts of God." Accordingly, should the
disclosure of Protected Health Information work performed by the Contractor under this contract
with a minimum annual limit of$ 1 ,000,000. include the provision of any essential government
f. Additional Insured: The State shall be named services, the State may request a Plan from the
as additional insured on all Commercial Contractor, and, upon such request, the Contractor
General Liability and Automobile Liability shall forthwith submit a Plan, and the Contractor
Insurance policies (leases and construction shall be bound to perform hereunder in accordance
contracts require additional insured coverage therewith.
for completed operations on endorsements CG
2010 11/85, CG 2037, or equivalent) required K. Rights in Data, Documents and Computer Software
of Contractor and any Subcontractors or Other Intellectual Property:
hereunder. All intellectual property including without limitation,
g. Primacy of Coverage: Coverage required of databases, software, documents, research, programs
Contractor and Subcontractor shall be primary and codes, as well as all, reports, studies, data,
over any insurance or self-insurance program photographs, negatives or other documents, drawings
carried by Contractor or the State. or materials prepared by the contractor in the
h. Cancellation: The above insurance policies performance of its obligations under this contract
shall include provisions preventing shall be the exclusive property of the State. Unless
cancellation or non-renewal without at least 30 otherwise stated, all such materials shall be delivered
days prior notice to Contractor and Contractor to the State by the contractor upon completion,
shall forward such notice to the State in termination, or cancellation of this contract.
accordance with provision E. Notice and Contractor shall not use, willingly allow or cause to
Representatives within seven days of have such materials used for any purpose other than
Contractor's receipt of such notice. the performance of the contractor's obligations under
i. Subrogation Waiver: All insurance policies in this contract without a prior written consent of the
any way related to this Contract and secured State. All documentation, accompanying the
and maintained by Contractor or its intellectual property or otherwise, shall comply with
Subcontractors as required herein shall include the State requirements which include but is not
clauses stating that each carrier shall waive all limited to all documentation being in a paper, human
rights of recovery, under subrogation or readable format which is useable by one who is
otherwise, against Contractor or the State, its reasonably proficient in the given subject area.
agencies, institutions, organizations, officers,
agents, employees, and volunteers. L. Proprietary Information: Proprietary information for
3. Certificates: Contractor and all Subcontractors the purpose of this contract is information relating to a
shall provide certificates showing insurance party's research, development, trade secrets, business
coverage required hereunder to the State within affairs, internal operations and management procedures
seven business days of the Effective Date of this and those of its customers, clients or affiliates, but does
Contract. No later than 15 days prior to the not include information lawfully obtained by third
expiration date of any such coverage, Contractor parties, which is in the public domain, or which is
and each Subcontractor shall deliver to the State or developed independently.
Contractor certificates of insurance evidencing
renewals thereof. In addition, upon request by the
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Neither party shall use or disclose directly or indirectly submission of the final federal expenditure report
without prior written authorization any proprietary under this contract, unless the State requests that the
information concerning the other party obtained as a records be retained for a longer period, or until an
result of this contract. Any proprietary information audit has been completed with the following
removed from the State's site by the Contractor in the qualification. If an audit by or on behalf of the
course of providing services under this contract will be federal and/or state government has begun but is not
accorded at least the same precautions as are employed completed at the end of the three (3) year period, or if
by the Contractor for similar information in the course audit findings have not been resolved after a three (3)
of its own business. year period, the materials shall be retained until the
resolution of the audit findings.
M. Records Maintenance. Performance Monitoring &
Audits: The Contractor shall maintain a complete file The Contractor shall permit the State, any other
of all records, documents, communications, and other governmental agency authorized by law, or an
materials that pertain to the operation of the authorized designee thereof, in its sole discretion, to
program/project or the delivery of services under this monitor all activities conducted by the Contractor
contract. Such files shall be sufficient to properly pursuant to the terms of this contract. Monitoring
reflect all direct and indirect costs of labor, materials, may consist of internal evaluation procedures,
equipment, supplies and services, and other costs of reexamination of program data, special analyses,
whatever nature for which a contract payment was on-site verification, formal audit examinations, or
made. These records shall be maintained according to any other procedures as deemed reasonable and
generally accepted accounting principles and shall be relevant. All such monitoring shall be performed in a
easily separable from other Contractor records. manner that will not unduly interfere with contract
work.
The Contractor shall protect the confidentiality of all
records and other materials containing personally N. Taxes: The State, as purchaser, is exempt from all
identifying information that are maintained in federal excise taxes under Chapter 32 of the Internal
accordance with this contract. Except as provided by Revenue Code [No. 84-730123K] and from all state
law, no information in possession of the Contractor and local government use taxes [C.R.S. §39- 26-
about any individual constituent shall be disclosed in 114(a) and 203, as amended]. The contractor is
a form including identifying information without the hereby notified that when materials are purchased for
prior written consent of the person in interest, a the benefit of the State, such exemptions apply
minor's parent, guardian, or the State. The Contractor except that in certain political subdivisions the
shall have written policies governing access to, vendor may be required to pay sales or use taxes
duplication and dissemination of, all such even though the ultimate product or service is
information and advise its agents, if any, that they are provided to the State. These sales or use taxes will
subject to these confidentiality requirements. The not be reimbursed by the State.
Contractor shall provide its agents, if any, with a
copy or written explanation of these confidentiality O. Conflict of Interest: During the term of this contract,
requirements before access to confidential data is the Contractor shall not engage in any business or
permitted. personal activities or practices or maintain any
relationships which conflict in any way with the
The Contractor authorizes the State, the federal Contractor fully performing his/her obligations under
government or their designee, to perform audits this contract.
and/or inspections of its records, at any reasonable
time, to assure compliance with the state or federal Additionally, the Contractor acknowledges that, in
government's terms and/or to evaluate the governmental contracting, even the appearance of a
Contractor's performance. Any amounts the State conflict of interest is harmful to the interests of the
paid improperly shall be immediately returned to the State. Thus, the Contractor agrees to refrain from
State or may be recovered in accordance with other any practices, activities or relationships which could
remedies. reasonably be considered to be in conflict with the
Contractor's fully performing his/her obligations to
All such records, documents, communications, and the State under the terms of this contract, without the
other materials shall be the property of the State prior written approval of the State.
unless otherwise specified herein and shall be
maintained by the Contractor, for a period of three In the event that the Contractor is uncertain whether
(3) years from the date of final payment or the appearance of a conflict of interest may
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reasonably exist, the Contractor shall submit to the • Titles VI & VII of the Civil Rights Act of 1964, 42
State a full disclosure statement setting forth the U.S.C. 2000(d) & (e);
relevant details for the State's consideration and • The Personal Responsibility and Work
direction. Failure to promptly submit a disclosure Opportunity Reconciliation Act of 19%, 42 USC
statement or to follow the State's direction in regard 604a, PL 104-193. See also State Executive Order
to the apparent conflict shall be grounds for D 015 00;
termination of the contract. • Title IX of the Education Amendments of 1972,
20 U.S.C. 1681 et seq.;
Further, the Contractor shall maintain a written code • The Uniform Administrative Requirements for
of standards governing the performance of its Grants and Cooperative Agreements to State and
agent(s) engaged in the award and administration of Local Governments (Common Rule), at 45 CFR,
contracts. Neither the Contractor nor its agent(s) Part 92;
shall participate in the selection, or in the award or • The Uniform Administrative Requirements for
administration of a contract or subcontract supported Awards and Subawards to Institutions of Higher
by Federal funds if a conflict of interest, real or Education, Hospitals, Other Non-Profit
apparent, would be involved. Such a conflict would Organizations, and Commercial Organizations
arise when: (Common Rule), at 2 CFR 215;
1 . The employee, officer or agent; • Office of Management and Budget Circulars A-87,
2. Any member of the employee's immediate A-21 or A-122, and A-102 or A-110, whichever is
family; applicable.
3. The employee's partner; or • OFFICE OF MANAGEMENT AND BUDGET
4. An organization which employees, or is about to GUIDANCE FOR GRANTS AND
employ, any of the above, AGREEMENTS, 2 CFR Part 200.
has a financial or other interest in the firm selected • The Hatch Act (5 USC 1501-1508) and Civil
for award. Neither the Contractor nor its agent(s) Service Reform Act, Public Law 95454 Section
will solicit nor accept gratuities, favors, or anything 4728
of monetary value from Contractor's potential • Departments of Labor, Health and Human
contractors, or parties to subagreements. Services, and Education and Related Agencies
P. Conformance with Law: The Contractor and its Appropriations Act, 1990, PL 101 -166, Section
agent(s) shall at all times during the term of this 511 .
contract strictly adhere to all applicable federal laws, • 45 CFR Subtitle A, Department of Health and
state laws, Executive Orders and implementing Human Services regulations.
regulations as they currently exist and may hereafter • The Single Audit Act Amendments of 1996, 31
be amended. Without limitation, these federal laws USC 7501 , Public Law 104-156, OMB Circular
and regulations include: A-133, and 45 CRF 74.26.
• Age Discrimination Act of 1975, 42 U.S.C. • The Federal Funding Accountability and
Section 6101 et seq. and its implementing Transparency Act of 2006 (Public Law 109-
regulation, 45 C.F.R. Part 91 ; 282), as amended by §6062 of Public Law 110-
• Age Discrimination in Employment Act of 1967, 252, including without limitation all data
29 U.S.C. 621 et seq.; reporting requirements required thereunder.
• Americans with Disabilities Act of 1990 (ADA), This Act is also referred to as FFATA.
42 U.S.C. 12101 et seq.; • The American Recovery and Reinvestment Act
� of 2009 (Public Law 1 1 1 -5), including without
• The Drug Free Workplace Act of 1988, 41 U.S.C. Limitation all data reporting requirements
701 et seq.;
• Equal Pay Act of 1963, 29 U.S.C. 206; required thereunder. This Act is also referred to
as
• Health Insurance Portability and Accountability ARRA.
Act of 1996, 42 U.S.C. § 1320d et seq. and
implementing regulations, 45 C.F.R. Parts 160 Q. Restrictions on Public Benefits: Pursuant to House Bill
06S- 1023, as codified at C.R.S. § 24-76.5-101 et seq.,
and 164; except as otherwise provided therein or where exempt
• Immigration Reform and Control Act of 1986, 8 by federal law, the State is required to verify the lawful
U.S.C. 1324b; presence in the United States of each natural person 18
• Pro-Children Act of 1994, 20 U.S.C. 6081 et seq.; years of age or older who applies for state or local
• Section 504 of the Rehabilitation Act of 1973, 29 public benefits or for federal public benefits for the
U.S.C. 794, as amended, and implementing applicant. Accordingly, should the work performed by
regulation 45 C.F.R. Part 84;
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R. the Contractor under this contract include the provision Review determine that Contractor demonstrated
of any of said benefits to any natural person 18 years of a gross failure to meet the performance measures
age or older who applies therefore for the applicant, the established hereunder, the Executive Director of
Contractor shall follow the requirements of said law in the Colorado Department of Personnel and
the provision of said benefits as if it were the State. Administration (Executive Director), upon
The State will provide the Contractor with specific request by the Department of Human Services,
instruction on the identification documentation for good cause shown, may debar Contractor and
required and the process to be followed by the prohibit Contractor from bidding on future
Contractor to properly comply with the law if the work contracts. Contractor may contest the final
done under this contract is subject to these Evaluation and Review and Rating by: (a) filing
requirements. rebuttal statement(s), which may result in either
removal or correction of the evaluation (CRS
R. Statewide Contract Management System: §24-105-102(6)), or (b) under CRS §24-105-
1 . When Applicable. If the maximum amount 102(6), exercising the debarment protest and
payable to Contractor under this Contract is appeal rights provided in CRS §§24-109-106,
$100,000 or greater, either on the Effective Date 107, 201 or 202, which may result in the reversal
or at anytime thereafter, this provision applies. of the debarment and reinstatement of
2. Governing State Statutes. Contractor agrees to Contractor by the Executive Director upon
be governed, and to abide, by the provisions of showing of good cause.
CRS §24-102-205, §24-102-206, §24-103-601 , 5. CORA Disclosure: To the extent not prohibited
§24-103.5-101 and §24-105-102 concerning the by federal law, this Contract and the
monitoring of vendor performance on state performance measures and standards under CRS
contracts and inclusion of contract performance §24-103.5-101 are subject to public release
information in a statewide contract management through the Colorado Open Records Act, CRS
system. §24-72-101 , et seq.
3. Performance Evaluation and Review.
Contractor's performance shall be subject to S. Performance Ratings and Guidelines:
Evaluation and Review in accordance with the The Contractor will be given a Final Contractor
terms and conditions of this Contract, State law Performance Evaluation at the end of the contract
(including without limitation CRS §24-103.5- term in accordance with C.R.S. §24- 102-205(6) and
101 ), and State Fiscal Rules, Policies and General Provision R. above. The list of available
Guidance. Evaluation and Review of Performance Ratings, along with guidelines for what
Contractor's performance shall be part of the final rating will be given, are as follows:
normal contract administration process and 1 . Above Standard: This rating may be given where
Contractor's performance will be systematically Contractor consistently performs in a manner
recorded in the statewide Contract Management that exceeds the requirements of this Contract,
System. Areas of Evaluation and Review shall and where such performance is measurable
include without limitation quality, cost and against objective factors specifically identified
timeliness. Collection of information relevant to for use in achieving the purposes of this
the performance of Contractor's obligations provision. If applicable to work performed under
under this Contract shall be determined by the this Contract, the objective factors and
specific requirements of such obligations and performance required to merit an "Above
shall include factors tailored to match the Standard" rating are specified in a so dedicated
requirements of Contractor's obligations Exhibit to this Contract, which may be included
hereunder. Such performance information shall herein from the start of the contract or
be entered into the statewide Contract subsequently be added by formal contract
Management System at intervals during the term amendment at any time before the end of the
hereof determined appropriate by the State, and contract term. If there is no such dedicated
a final Evaluation, Review and Rating shall be Exhibit included or subsequently added herein,
rendered by the State within 30 days of the end this rating is unavailable.
of the Contract term. Contractor shall be 2. Standard: This rating will be given where: I .)
notified following each performance Evaluation Contractor's performance hereunder meets the
and Review, and shall address or correct any requirements of this Contract in areas of quality,
identified problem in a timely manner and cost, and timeliness; 2.) Contractor's work is
maintain work progress.
4. Gross Failure to Meet Performance Measures.
Should the final performance Evaluation and
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accepted by the State; and 3.) full payment W. Disputes: Except as herein specifically provided
hereunder is made to Contractor for such otherwise, disputes concerning the performance of
performance. this contract which cannot be resolved by the
3. Below Standard: This rating may be given where designated contract representatives shall be referred
Contractor materially fails to perform the in writing to a senior departmental management staff
requirements of this Contract and such failure designated by the department and a senior manager
results in the State's invocation of contract designated by the Contractor. Failing resolution at
remedies and/or contract termination in that level, disputes shall be presented in writing to
accordance with General Provision X. below. the Executive Director and the Contractor's chief
executive officer for resolution. This process is not
T. Discrimination: The Contractor during the performance intended to supersede any other process for the
of this contract shall: resolution of controversies provided by law.
1 . not discriminate against any person on the basis of
race, color, national origin, age, sex, religion and X. Remedies: Acceptance is dependent upon completion
handicap, including Acquired Immune Deficiency of all applicable inspection procedures. The State
Syndrome (AIDS) or AIDS related conditions. reserves the right to inspect the goods and/or services
2. not exclude from participation in, or deny provided under this contract at all reasonable times
benefits to any qualified individual with a and places. The Executive Director of the State or
disability, by reason of such disability. her/his designee may exercise the following remedial
Any person who thinks he/she has been actions should s/he find the Contractor substantially
discriminated against as related to the performance of failed to satisfy the scope of work found in this
this contract has the right to assert a claim, Colorado contract. Substantial failure to satisfy the scope of
Civil Rights Division, C.R.S. §24-34-302, et sea. work shall be defined to mean substantially
insufficient, incorrect or improper activities or
U. Criminal Background Check: Pursuant to C.R.S. inaction by the Contractor. Without limitation, the
§27-90-111 and Department of Human Services State has the right to:
Policy VI-2.4, any independent contractor, and its 1 . withhold payment until performance is cured,
agent(s), who is designated by the Executive Director 2. require the vendor to take necessary action to
or the Executive Director's designee to be a ensure that the future performance conforms to
contracting employee under C.R.S. §27-90-111 , who contract requirements,
has direct contact with vulnerable persons in a state- 3. request removal of a Contractor's agent from
operated facility, or who provides state-funded contract work,
services that involve direct contact with vulnerable 4. equitably reduce the payment due the vendor to
persons in the vulnerable person's home or residence, reflect the reduced value of the services
shall: performed,
1 . submit to a criminal background check, and 5. recover payment for work that due to the
2. report any arrests, charges, or summonses for Contractor cannot be performed or would be of
any disqualifying offense as specified by C.R.S. no value to the State,
§27-90- 111 to the State. 6. modify or recover payments (from payments
Any Contractor or its agent(s), who does not comply under this contract or other contracts between
with C.R.S. §27-90-111 and DHS Policy VI-2.4, the State and the vendor as a debt due to the
may, at the sole discretion of the State, be suspended State) to correct an error due to omission, error,
or terminated. fraud and/or defalcation,
7. terminate the contract.
V. Litigation: The Contractor shall within five (5)
calendar days after being served with a summons, These remedies in no way limit the remedies available
complaint, or other pleading which has been filed in to the State in the termination provisions of this
any federal or state court or administrative agency contract, or remedies otherwise available at law.
notify the State that it is a party defendant in a case
which involves services provided under this contract. Y. Termination:
The Contractor shall deliver copies of such 1 . Termination for Default: The State may
document(s) to the State's Executive Director. The terminate the contract for cause. If the State
term "litigation" includes an assignment for the terminates the contract for cause, it will first give
benefit of creditors, and filings in bankruptcy, ten ( 10) days prior written notice to the
reorganization and/or foreclosure. Contractor, stating the reasons for cancellation,
procedures to correct problems, if any, and the
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date the contract will be terminated in the event provisions, the Contractor is entitled to submit a
problems have not been corrected. In the event termination claim within ten ( 10) days of the
this contract is terminated for cause, the State effective date of termination. The termination
will only reimburse the Contractor for accepted claim shall address and the State shall consider
work or deliverables received up to the date of paying the following costs:
termination. In the event this contract is a. the contract price for performance of work,
terminated for cause, final payment to the which is accepted by the State, up to the
Contractor may be withheld at the discretion of effective date of the termination.
the State until completion of final audit. b. reasonable and necessary costs incurred in
Notwithstanding the above, the Contractor may preparing to perform the terminated portion
be liable to the State for the State's damages. If it of the contract
is determined that the Contractor was not in c. reasonable profit on the completed but
default then such termination shall be treated as undelivered work up to the date of
a termination for convenience as described termination
herein. d. the costs of settling claims arising out of the
2. Termination for Convenience: The State shall termination of subcontracts or orders, not to
have the right to terminate this contract by exceed 30 days pay for each subcontractor
giving the Contractor at least twenty (20) days e. reasonable accounting, legal, clerical, and
prior written notice. If notice is so given, this other costs arising out of the termination
contract shall terminate on the expiration of the settlement.
specified time period, and the liability of the
parties hereunder for further performance of the In no event shall reimbursement under this
terms of this contract shall thereupon cease, but clause exceed the contract amount reduced by
the parties shall not be released from the duty to amounts previously paid by the State to the
perform their obligations up to the date of Contractor.
termination.
3. Immediate Termination: This contract is subject Z. Venue: The parties agree that venue for any action
to immediate termination by the State in the related to performance of this contract shall be in the
event that the State determines that the health, City and County of Denver, Colorado.
safety, or welfare of persons receiving services
may be in jeopardy. Additionally, the State may AA. Understanding of the Parties:
immediately terminate this contract upon 1 . Complete Understanding: This contract is
verifying that the Contractor has engaged in or is intended as the complete integration of all
about to participate in fraudulent or other illegal understandings between the parties. No prior or
acts. contemporaneous addition, deletion, or other
4. Termination for Financial Exigency: The State amendment hereto shall have any force or effect
shall have the right to terminate this contract for whatsoever, unless embodied herein in writing.
financial exigency by giving the Contractor at No subsequent novation, renewal, addition,
least thirty (30) days prior written notice. For the deletion, or other amendment hereto shall have
purposes of this provision, a financial exigency any force or effect unless embodied in a written
shall be a determination made by the Colorado contract executed and approved pursuant to the
legislature or its Joint Budget Committee that the State Fiscal Rules. Descriptive headings as used
financial circumstances of the State are such that herein are for convenience and shall not control
it is in the best interest of the State to terminate or affect the meaning or construction of any
this contract. If notice of such termination is so provision of this contract.
given, this contract shall terminate on the 2. Severability: To the extent that this contract may
expiration of the time period specified in the be executed and performance of the obligations
notice, and the liability of the parties hereunder of the parties may be accomplished within the
for further performance of the terms of this intent of the contract, the terms of this contract
contract shall thereupon cease, but the parties are severable, and should any term or provision
shall not be released from the duty to perform hereof be declared invalid or become inoperative
their obligations up to the date of termination. for any reason, such invalidity or failure shall
not affect the validity of any other term or
In the event that the State terminates this provision hereof.
contract under the Termination for Convenience 3. Benefit and Right of Action: Except as herein
or Termination for Financial Exigency specifically provided otherwise, it is expressly
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understood and agreed that this contract shall inure requirements. However, this extension terminates
to the benefit of and be binding upon the parties when the replacement contract becomes effective
hereto and their respective successors and when signed by the State Controller or an authorized
assigns. All rights of action relating to delegate.
enforcement of the terms and conditions shall be
strictly reserved to the State and the named CC. Health Insurance Portability & Accountability Act of
Contractor. Nothing contained in this agreement 1996 ("HIPAA"). Federal law and regulations
shall give or allow any claim or right of action governing the privacy of certain health information
whatsoever by any other third person. It is the requires a "Business Associate Contract" between the
express intention of the State and the Contractor State and the Contractor. 45 C.F.R. Section
that any such person or entity, other than the 164.504(e). If applicable to this Contract, attached
State or the Contractor, receiving services or and incorporated herein by reference and agreed to
benefits under this agreement shall be deemed an by the parties is a HIPAA Business Associate
incidental beneficiary only. Addendum for HIPAA compliance. Terms of the
4. Waiver: The waiver of any breach of a term Addendum shall be considered binding upon
hereof shall not be construed as a waiver of any execution of this contract and shall remain in effect
other term, or the same term upon subsequent during the term of the contract including any
breach. extensions.
5. Survival: The State and the Contractor's
obligations under this contract shall survive DD. Colorado Department of Human Services (CDHS)
following termination or expiration to the extent Fraud Policy. The CDHS Fraud Policy addresses the
necessary to give effect to the intent and need for effective and consistent measures for
understanding of the parties. preventing, detecting, and deterring fraud. The
6. Subcontracting: Except as herein specifically relevant parties discussed in the policy include
provided otherwise, the duties and obligations of CDHS employees, CDHS management, CDHS
the Contractor arising hereunder cannot be appointees, and community partners, including
assigned, delegated, subgranted or subcontracted contractors, grantees, vendors, and other sub-
except with the express prior written consent of recipients. CDHS employees, clients, and
the State. The subgrants and subcontracts community partners will all benefit from an effective
permitted by the State shall be subject to the fraud prevention, detection, and deterrence policy
requirements of this contract. The Contractor is because fraud can damage the reputation and public
responsible for all subcontracting arrangements, trust of CDHS.
delivery of services, and performance of any
subgrantor or subcontractor. The Contractor All appointees and employees of the CDHS must
warrants and agrees that any subgrant or comply with the standards of conduct set forth in
subcontract, resulting from its performance Title 24, Article 18 of the Colorado Revised Statutes,
under the terms and conditions of this contract, known as the Code of Ethics, including exposing
shall include a provision that the said subgrantor corruption or impropriety in government, whenever
or subcontractor shall abide by the terms and discovered. The CDHS Fraud Policy outlines how
conditions hereof. Also, the Contractor warrants the CDHS employees and community partners
and agrees that all subgrants or subcontracts should report fraud and how fraud will be
shall include a provision that the subgrantor or investigated once it is reported.
subcontractor shall indemnify and hold harmless
the State. The subgrantors or subcontractors The full text of the CDHS Fraud Policy, which
must be certified to work on any equipment for Contractor hereby agrees to be subject to and abide
which their services are obtained. by, can be found on the CDHS Fraud Policy and
Training web page at:
BB. Holdover: In the event that the State desires to http://www.colorado.gov/cs/Satellite/CDHS-
continue the services provided for in this Contract Emp/CBON/1 25 1 6 1 0724004.
and a replacement contract has not been fully
executed by the expiration date of the Contract, this EE. Performance Outside the State of Colorado and/or
Contract may be extended unilaterally by the State the United States: Not applicable if Contract Funds
for a period of up to two (2) months upon written include any federal funds] Following the Effective
notice to the Contractor under the same terms and Date, Contractor shall provide written notice to the
conditions of the original Contract including, but not State, in accordance with General Provision E.
limited to, prices, rates, and service delivery (Notices and Representatives), within 20 days of the
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earlier to occur of Contractor's decision to perform,
or its execution of an agreement with a Subcontractor
to perform, Services outside the State of Colorado
and/or the United States. Such notice shall specify
the type of Services to be performed outside the State
of Colorado and/or the United States and the reason
why it is necessary or advantageous to perform such
Services at such location or locations. All notices
received by the State pursuant to this requirement
shall be posted on the Colorado Department of
Personnel & Administration's website. Knowing
failure by Contractor to provide notice to the State
under this requirement shall constitute a material
breach of this Contract
FF. C-Stat - Performance Based Program Analysis and
Management Strategy (C-Stat Strategy): For the sole
purpose of providing support to the State's internal
C-Stat Strategy, the parties understand and agree that
upon request from the State, and without any
additional cost to the State, the Contractor shall
collect, maintain, and provide to the State certain
contract performance data determined by the State
during the term hereof to assist the State to measure
and assess the programmatic effectiveness of the
Contractor's performance hereunder, all in support of
the State's internal continuous quality improvement
working towards positive outcomes and managing its
performance for the betterment of all Colorado
residents.
The parties understand and agree that the exercise of
the requirements of this provision shall not be used
by the State to effect unilateral changes to the
performance requirements of the Contractor
hereunder.
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SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
3. 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, CRS §24- 10- 101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§ 1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed
to be an agent or employee of the State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance
benefits will be available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall
(a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts
and those of its employees and agents.
5. 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.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be
valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by
any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer
software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and
warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that
Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or
under this contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire
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any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child
support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21 -101 , et
seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts
required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored
projects, intergovernmental agreements, or information technology services or products and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who
will perform work under this contract and will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this contract, through participation in the
E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall
not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract
with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program
or Department program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work
under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department
of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation,
affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this
provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political
subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is
a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5- 101 et seq., and (c) has produced one form of identification required by CRS §24-
76.5- 103 prior to the effective date of this contract.
Revised 1-1-09
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Contract Routing Number: 16 IHEA AASC 77142
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge
that the State is relying on their representations to that effect.
CONTRACTOR STATE OF COLORADO
Weld County,Colorado John W.Hickenlooper,Governor
Department of Human Services
Weld County Department of Human Services Reggie Bicha,Executive Director
Weld County Area Agency on Aging
By: Mike Freeman, Pro—Tem
Title: . Board of Weld County Commissioners
*Signature y: Nikki Hatch,DED,Operations
Signatory avers to the State Controller or delegate that
Date: MAY 2 0 2015 Contractor has not begun performance or that a Statutory
Violation waiver has been under Fiscal Rules
V
Date: , /, /5-
2nd Contractor Signature if Needed LEGAL REVIEW
Cynthia H.Coffman,Attorney General
By:
Title:
By:
*Signature Signature-Assistant Attorney General
Date: Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated below
by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor begins
performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
L3JaJCP
,MBA
Clint Woodruff/Valri GI le
Date: ,& &
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QZ�Ian /Vo 6.1-)
RE: AREA AGENCY ON AGING FY 2016 FEDERAL AND STATE CONTRACT
ATTEST: dittW ;ok BOARD OF COUNTY COMMISSIONERS
Weld up lerk to the B . WELD COUNTY, COLORADO
a
BY: 4�1L�[�-d ..r;i �� (Ma :I o c,
Deputy CI-j to the B. "r6d� 1" -' Mike Freeman, Pro—Tem Al Ay 2 0 2015
..�EPOVED AS O F ND PPROVED A$.,TO BSTANCE:
1
Controller / El c d Offi al or Dep rtment ead
AP, orl —
Director of General Services
Count rney
0207 — 1/20 6)
Table of Contents Page
EXHIBIT A Statement of Work 1
Section I Executive Summary and Recitals 1
Section II References 3
Section III Requirements and Services 4
A General Requirements 4
B Program Requirements 6
C Performance Management 7
D Management and Administration 9
E Area Plan and Administration 10
F Programs and Services Delivery 10
G Program Income 11
H Funding Request 11
Data Collection and Reporting 12
J Coordination and Advocacy Plan 13
K Elder Rights and Abuse Prevention Services 13
L Supportive Services 15
M Nutrition Services 16
N Caregiver Services 18
ATTACHMENT A TO EXHIBIT A Definitions
EXHIBIT B Miscellaneous Provisions
EXHIBIT C HIPAA Business Associate Addendum
ATTACHMENT A TO EXHIBIT C HIPAA Business Associate Addendum
EXHIBIT D Sample AAA Funding Request
EXHIBIT E Sample Option Letter
EXHIBIT F Sample Option Letter Performance Measures
EXHIBIT G Budget Funding Request Number 1 SFY16
i
EXHIBIT A
STATEMENT OF WORK
SECTION I
EXECUTIVE SUMMARY AND RECITALS
As used herein , unless otherwise required based upon the context of use. the words and
phrases set forth in Attachment A to this Exhibit A shall be the definitions ascribed hereto .
Background
It is the intent of the parties to fulfill the mandates of the Older Americans Act and the State
Funding for Senior Services (OAA/SFSS) to develop greater capacity and foster the
development and implementation of comprehensive and coordinated systems to secure and
maintain maximum independence and dignity for older adults. Therefore, it is the desire of the
Colorado Department of Human Services (CDHS) . herein referred to as the State, and the Area
Agency on Aging (AAA) . herein referred to as the Contractor. to enter into this contract to
provide services and programs for consumers in assigned Planning and Service Areas (PSA) .
A. The following statements describe essential facts that are relied upon when entering into
this contract. These statements ensure that the minimum requirements have been met.
1 . The State receives certain Federal and State funds to provide an array of
services to eligible consumers in Colorado. The State distributes the funds to the
Contractor. which may be a local government. not-for-profit agency, or other local
entity to deliver services for the elderly. and other eligible individuals. in the PSA
served by the Contractor.
2 . The State. through the Department of Human Services. is the policy-making body
for the Older Americans Act and State Funding for Senior Services, and for
programs operated by the Contractor under this contract that receive funding
from the State.
3. The State is authorized by statute to provide the Contractor with direction on the
use of such funds and to enter into contracts that specify how the Contractor will
use these funds to provide services in accordance with Older Americans Act
Programs. as described in 12 Colorado Code of Regulations 2510- 1 Rule
Manual . Staff Manual Volume 10.
4. The Contractor is accountable to the State for using funds obtained through this
Contract appropriately in the delivery of services for the elderly and other eligible
individuals, and for complying with applicable state and federal laws. policies .
audit requirements. contract requirements and State directives.
5 . The State is authorized by statute to monitor the Contractor's use and
management of these funds: to oversee its governance of the human services
programs in the Contractor's assigned PSA: and to review the Contractor's
compliance with law. policies. audit requirements. contract requirements. and
State policy directives .
Page 1of18
6. In accordance with the current plan objectives cited in the "State Plan on Aging"
regarding monitoring performance of contracted Area Agencies on Aging , the
State will, at a minimum , perform evaluations to ensure reporting compliance by
reviewing programmatic and financial performance and communicating
deficiencies to the Contractor as needed .
7 . The State may refuse to contract with . and may take legal action against. the
Contractor that breaches its contract with the State or fails to use or expend
contract funds in accordance with applicable laws. policies. and State directives.
8. State fiscal rules require that a contractor must have a fully executed contract
prior to delivery of services.
B. Titles III and VII of the Older Americans Act (OAA) provide grants for State and
community-based programs to foster the development and implementation of
comprehensive and coordinated systems to serve consumers in their communities.
Specifically, the OAA authorizes states to contract with Area Agencies on Aging to
provide an array of community services, as approved by the State.
These services may include, but are not limited to:
1 . Elder Abuse Prevention services including : Long-Term Care (LTC) Ombudsman
and Legal Assistance Services:
2 . Supportive Services such as: Information and Assistance. Case Management.
Assisted Transportation . Outreach , Transportation , Adult Day Care. Chore.
Homemaker. and Personal Care:
3 . Nutrition Services such as Congregate Meals. Home-Delivered Meals. Nutrition
Counseling , Nutrition Education . and Nutrition Screening :
4. Health Promotion and Disease Prevention Services such as Health Promotion .
Education . and Screening : and..
5 . Caregiver support services such as Respite. Counseling , and Education
Programs.
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I
EXHIBIT A
STATEMENT OF WORK
SECTION II
REFERENCES
In addition to the `Conformance of Law" requirements set forth at Paragraph P. of the contract
General Provisions . the Contractor and its agent(s) shall at all times during the term of this
contract, be bound by and strictly adhere to the following Federal and State laws. rules,
regulations and the State Unit on Aging (SUA) Policies and Procedures as they currently exist
and may hereafter be amended, which documents are incorporated herein by this reference:
A. Federal Older Americans Act:
B. Code of Federal Regulation (CFR) . Title 45 Public Welfare:
C . Older Coloradans Act. C. R. S . 26- 11 - 100. 1 et seq . :
D. C. R. S. Title 25 Health and 26 Human Services Code:
E . Colorado Long-Term Care Ombudsman Act, C. R. S . 26- 11 . 5 et seq . ;
F . Colorado Department of Human Services Staff Manual Volume 10 :
G . Administration on Aging Fiscal Guide . Older Americans Act. Titles III and VII :
H . Colorado Retail Food Establishment Rules and Regulations:
I . Dietary Guidelines for Americans:
J Dietary Reference Intakes (DRIs) :
K. SUA Policy and Procedures Manual : and ..
L. SUA Policy Directives
M. Code of Federal Regulation (CFR) Title 48 Section 3.908 Whistleblower Protection
Page 3 of 18
EXHIBIT A
STATEMENT OF WORK
SECTION III
REQUIREMENTS AND SERVICES
A. GENERAL REQUIREMENTS
1 . COMPLIANCE WITH LAW
Contracting organizations must comply with Federal . State. and local laws. rules .
regulations. standards. and contractual requirements applicable to providing the
contracted service(s).
2 . COMPLIANCE WITH SERVICE STANDARDS
Contracting organizations must comply with applicable program policies and
standards included in this contract. Services must be implemented according to
these standards. unless the State has granted a waiver of compliance.
Proposals for any waivers must be identified in the Area Agency on Aging
Funding Request.
3. SERVICE ELIGIBILITY
Eligibility for services is controlled by laws and regulations relating to the
OAA/SFSS . Contracting organizations must comply with eligibility criteria .
A means test may not be utilized to determine eligibility for OAA/SFSS services.
Service may not be denied to a consumer based on their unwillingness or
inability to contribute toward the cost of the service.
4. TARGET POPULATIONS
Contracting organizations must seek to serve eligible consumers, with particular
attention to older individuals identified in Section 306, Area Plans (a)(4)(i) of the
OAA. Older individuals identified in this section include:
a . Older individuals with greatest social need :
b. Older individuals with greatest economic need :
c. Older individuals at risk for institutional placement:
d . Low income minority older individuals:
e. Older individuals with limited English proficiency: and
f. Older individuals residing in rural areas .
5 . SERVICE COORDINATION
The Contractor shall show demonstrable efforts are being made with other aging
service providers within the geographic service area to ensure that a
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laws
comprehensive. coordinated system of services are available to older people.
The Contractor shall document these coordination efforts.
6 . INVOLVEMENT OF OLDER PERSONS
Contracting organizations must involve older persons, including program
consumers. in decisions relative to service design . delivery. and ongoing quality
improvement processes.
7 . VOLUNTEERS
If the Contracting organization utilizes volunteers to provide services. the
Contracting organization shall document how volunteers will be utilized in the
program(s) including , but not limited to . the use of time sheets and job
descriptions .
8 . EVALUATION
The Contractor shall implement a quality improvement process. which includes.
at a minimum . monitoring of service quality and consumer satisfaction .
Method of receiving consumer input on the quality of service needs to be
documented and utilized on a regular basis. Examples include site councils.
project councils. consumer forums, consumer satisfaction surveys. telephone
interviews, and visits.
9. ACCOUNTING SYSTEM REQUIREMENTS
The Contractor must establish and maintain an accounting system that
adequately identifies each revenue source and the application of funds. The
accounting records must contain information pertaining to projects. contracts or
sub-awards. authorizations. obligations. unobligated balances. assets. liabilities.
outlays. expenditures and revenue. Each funding source shall bear only
reasonable and allowable costs.
Transactions and other significant events are to be clearly documented . The
documentation is to be readily available for examination by persons authorized
by the State.
The Contractor shall establish and maintain adequate internal control systems and
standards that apply to the operation of the organization .
10. AUDIT REQUIREMENTS
This contract is funded with Federal financial assistance funds and State funds.
The Contractor of this program is considered an independent contractor of Title
III Federal financial assistance . subject to audit requirements under Title II Part
200 of the Code of Federal Regulations formerly known as Office of Management
and Budget (OMB) Circular A- 133 and Government Audit Standards. regardless
of the amount of Federal funding the Contractor receives.
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11 . MATCH REQUIREMENTS
The Older Americans Act, Title III and Title VII service programs are federally
funded programs and require a minimum in non-Federal cash funds and/or in-
kind match for each program . The OAA has established the following funding
ratios to govern the degree of Federal participation in costs of services or
projects funded .
Title III Federal/ Local Comments
State Match
Administrative Allocation 25% 1 /31d of the total allocation (cash and/or in-kind)
Parts B, C, and D Allocation 10% 1 /9th of the total allocation (cash and/or in-kind)
Part E Allocation 25% 1 /3rd of the total allocation (cash and/or in-kind)
Title VII Allocation 25% 1 /31d of the total allocation (cash and/or in-kind)
12. CASH ADVANCE
Cash advances distributed from specific federal funding parts shall be used to pay for
services funded through the specific federal funding part related to the advance and
not used as an advance for other funding streams.
The Contractor shall submit monthly bank statements and any additional
documentation to the State for review to ensure federal cash advances are
appropriately disbursed on a monthly basis. .
13. REIMBURSEMENT METHOD
The Contractor shall invoice the State on approved forms and according to
established due dates.
Monthly or quarterly service units in the Social Assistance Management System
(SAMS) , or another system approved by the State. are required to justify the
payment or reimbursement of funds. At a minimum . all registered services shall
have a unit based dollar amount.
14. RECOVERY OF IMPROPER PAYMENTS
The Contractor shall notify the State immediately if they believe they have
received an overpayment or other erroneous or improper payment. The
Contractor is required to refund any erroneous or improper payment within 90
days of written demand by the State .
B. PROGRAM REQUIREMENTS
With regard to programs provided , in accordance with the provisions contained herein .
as well as the OAA/SFSS . the Contractor shall :
1 . Establish and maintain a comprehensive and coordinated service delivery
system for the provision of services including supportive. nutrition , information .
caregiver. and advocacy services to consumers in accordance with the Older
Americans Act. as amended , Colorado Revised Statutes and regulations. and
approved State Plan on Aging :
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2 . Incorporate the identification of strengths. needs. and targeting of services for
seniors in the Area Plan :
3 . Select a local agency. program . or person(s) to be designated as the Local Long-
Term Care Ombudsman ( LTCO) . and to serve as an official and identifiable link
to the Office of the Colorado LTCO, including designation of a "lead" Local
LTCO:
4 . Submit for-profit contracts annually to the State for approval prior to delivery of
services;
5 . Complete and submit the State prescribed subcontractor approval form to the
State prior to delivery of any service by a subcontractor or sub-subcontractor
and . if requested by the State. submit the contract for review and approval prior
to execution :
6. Not use funds made available under the OAA/SFSS for lobbying activities, as
described at Section 24-6-301 , C. R . S. , including , but not limited to activities
intended to influence decision or activity by non-judicial Federal . State or local
officials or body:
7. Make reasonable efforts to obtain support from private sources and other public
organizations to enhance or maintain services:
8 . Provide leadership and advocacy for older adults residing within the Planning
and Service Area (PSA) . including monitoring and evaluating factors and issues
affecting older adults within the PSA:
9. Evaluate the costs/benefits. quality. accessibility. utilization , priority. targeting .
and overall effectiveness of programs. services. and activities. which the
Contractor provides through the Funding Request:
10. Conduct public hearings when submitting . amending . or seeking a waiver to the
Area Plan . to provide an opportunity for the general public. officials of local units
of general-purpose government, service providers, and other interested parties to
comment on the Area Plan or Funding Request:
11 Disseminate information and Policy Directives to applicable providers within 10
days or within the timeframe as directed by the State: and .
12. Develop and maintain an AAA Policy and Procedures manual to ensure
compliance with statutes, rules and regulations. and efficient delivery of services.
C. PERFORMANCE MANAGEMENT
1 . Performance Measures Overview
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
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I
Contractor under this Contract. By identifying areas of focus. the Parties
shall determine what aspects of the Contractor's performance hereunder
are working and what aspects of said performance need improvement.
By measuring the impact of day-to-day work of the Contractor hereunder.
the Parties will be able to make more informed collaborative decisions to
align the work of the Contractor to affect more positive performance
outcomes and change for the purposes served through this Contract.
b. Performance Focus Meetings. As determined necessary. dates will be
set by the State. to hold Performance Focus meetings to review, analyze,
plan and act upon the current Performance Measures for the Contract.
The respective State Staff shall meet with the Contractor's designated
staff. The State Staff shall facilitate the Performance Focus meetings.
focusing on any of the Performance Measures and associated action
items established .
c. 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 an Option Letter.
2 . Contract Performance Measures
As to each Performance Measure. the Contractor shall collect data monthly and
report this data to the State during Performance Focus meeting dates
established between the State and the Contractor. The Contractor shall report
data on forms developed by the State. In the absence of such . the Contractor
may report on performance data using tools and documents of their choosing.
The Contractor agrees on the following initial Performance Measures.
a . Measure: The Contractor shall increase unduplicated consumers served
in comparison to the same month in 2014.
b. 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 SUA by May 15. The summarized results shall show the
following measures:
80% of responding consumers identify the services received
through 0AA/SFSS maintain or improve their independence.
II . 80% of responding caregivers - report in annual surveys that they
feel supported by the caregiver program and express feelings of
greater self-efficacy
III . 90% of responding transportation consumers indicate
transportation was available to access necessary services in the
community when needed
IV. 90% of responding congregate nutrition program consumers state
obtaining transportation to the meal site was very easy or
somewhat easy.
V. 90% of responding congregate nutrition program consumers
report that during the past year someone from the Nutrition
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Program provided information or referred them to places to learn
about financial , social . or health services that are available to
them or told them how to get the help.
VI . 90% of responding home delivered meal program consumers
report that during the past year someone from the Nutrition
Program provided information or referred them to places to learn
about financial .. social . or health services that are available to
them or told them how to get the help.
VII . 90% of responding congregate nutrition program consumer report
they are very satisfied or somewhat satisfied with opportunities to
spend time with other people at the meal site.
VIII . 90% of responding congregate nutrition program consumers
report that the nutrition program has helped them to live
independently and stay in their own home .
IX. 90% of responding home delivered meal program consumers
report that the nutrition program has helped them to live
independently and stay in their own home .
c. Measure: The Contractor shall meet the required training :
I . Participation by the AAA Director or AAA Representative in four
(4) Quarterly State AAA Meetings provided by the SUA: and
II . Participation by the AAA Nutrition Provider(s) and any sub-
contractors or their representative in six (6) hours of Nutrition
Training provided by the SUA: and
III . Ombudsman Certification for each Ombudsman : and
IV. Participation by the lead Ombudsman or his or her designee in
fifteen ( 15) hours of annual training provided by the SUA.
3 . Performance Measures Option Letter Provision
a . The Contract not to exceed price at Page 1 of the Contract. and further
detailed in Exhibit G . Payment and Terms. includes and shall be firm
through the initial term of the Contract as to the Performance
Measures set forth in this Addendum or changed or added hereto
through a "no-cost" Option Letter.
b. The State may add a new Performance Measure or change any of the
Performance Measures described in this Addendum if so doing does
not increase the Contractor's efforts under this Addendum with the
new/revised Measure without any change to the contract not to exceed
price. If the State exercises the option. it will provide written notice to
Contractor at least 30 days prior to the effective date of the
new/revised Measure in a form substantially equivalent to Exhibit F to
this Addendum . If exercised the provisions of the Option Letter shall
become part of and be incorporated into the original contract.
D. MANAGEMENT AND ADMINISTRATION
With regard to programs provided , in accordance with the provisions contained herein .
as well as the Older Americans Act and State Funding for Senior Services (OAA/SFSS) .
the Contractor shall :
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1 . Provide training to service providers and staff regarding data collection and
reporting on services contained within the Area Plan and Funding Request.
Records of these efforts shall be retained to verify training has been conducted:
2 . Participate or designate a staff member to attend State training and/or meetings
in person or via one of the available media (e. g . telephone conference. video
conference. or web cam) :
3 . Complete an investigation and recovery of all erroneous or improper payments
within ninety-days (90) of discovery of error in payment:
4 . Provide to the State information about the Contractor's organizational structure
and operating practices: including assurance of compliance with rules and
regulations governing programs and projects:
5. Employ a Director or Manager of the Area Agency on Aging who possesses
academic preparation or experience in related fields:
6 . Have access to qualified accounting personnel on staff or available on a contract
basis:
7. Obtain the services of a registered dietitian . or individual of comparable
expertise. through employment. contract. subcontract. or memorandum of
understanding for the nutrition services program ; and .
8. Be accountable for contract requirements. the dissemination and implementation
of required policies and procedures (e.g . OMB circulars. State Policy Directives.
AoA Program Instruction or Information Memorandums) , and timely and accurate
submission of reports to the State.
E. AREA PLAN AND ADMINISTRATION
The Contractor shall develop. submit. and maintain a comprehensive and coordinated
(four-year) Area Plan for the Planning and Service Area (PSA) in accordance with State
instructions . The Contractor shall review the Area Plan progress with the State on an
annual basis at a time prescribed by the State.
F. PROGRAMS AND SERVICES DELIVERY
Programs and services shall be delivered in accordance with the Older Americans Act.
the Older Coloradans Act. other applicable Federal and State rules and regulations. and
Colorado Department of Human Services rules, policies, and procedures (i.e. Staff
Manual Volume 10, the SUA Policy and Procedures Manual . and SUA Policy Directives) .
The Contractor shall :
1 . Provide training and technical assistance to service providers (sub-contractors) ;
2 . Provide services to protect the health, safety. welfare. and rights of the older
adults within the PSA:
3 . Perform assessment of population needs within the PSA when writing the Area
Plan , or as needed ;
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4 . Ensure consumer access and awareness of AAA Services through outreach and
marketing which may include a AAA website. social media , or other means:
5 . Program Development shall include establishment of a new service or
improvement. expansion . or integration of existing services during a specifically
defined and limited period of time:
6 Ensure that criminal background checks are conducted for employees.
volunteers. and contractors according to rule or policy directive:
7. If applicable. develop and implement a plan to assist potential direct service
providers to develop capacity to efficiently and effectively provide services under
the Area Plan . An update of progress in developing potential direct service
providers may be included in the Funding Request: and .
8 . Identify and coordinate with community organizations and service providers in
developing . expanding or maintaining a community-based system of services.
which meet the needs of the consumers residing within the PSA.
9. If applicable request a waiver of the priority supportive services funding
requirement from the SUA and follow SUA Policy and Procedure Manual
procedures to make such request.
G . PROGRAM INCOME
Program Income is any income generated through delivery of OAA/SFSS services by a
Contractor (i.e. . voluntary contributions) . Program Income shall :
1 . Be solicited through non-coercive. voluntary contributions provided by
consumers:
2 . Be used in accordance with the Additional Costs Alternative. be added to funds
committed to the project or program . and used to increase access to services or
to further eligible project or program objectives:
3. Include earnings. and expenditures of program income. and reported monthly in
accordance with the format and time period required by the State:
4 . The Contractor shall collect and report program income monthly to the State in
accordance with the format and time period required by the SUA. Program
income shall be expended the same month that it is earned and shall be drawn
down prior to requesting State or Federal funds. Program income cannot be
carried over from one month to the next.
H. FUNDING REQUEST
The Funding Request presents information related to the amount of resources the
Contractor has budgeted for each fiscal year. for what purpose the funds will be used
and who will be served . The Contractor shall :
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• 1
1 . Ensure that Federal funds are not used to supplant non-Federal funds:
2 . Ensure that appropriate efforts to obtain support from private sources and other
public organizations continue:
3 . Have an independent audit conducted annually and performed in accordance
with Federal regulations. including Title II Part 200 of the Code of Federal
Regulations formerly known as OMB Circulars 122 , 128 . or 133. State statutes
and rules:
4 . Maintain financial records and other records pertinent to this agreement.
pursuant to generally accepted accounting principles and using appropriate and
sufficient documentation of expenses: and .
5 . Upon request. make fiscal records. books. documents, papers. plans and
writings available to the State.
6. Program Development funds shall be documented on the Funding Request and
any changes shall receive prior approval by the SUA.
DATA COLLECTION AND REPORTING
The Contractor shall ensure that:
1 . Each service provider utilizes the State prescribed system for the collection of data
that will accurately reflect the project and financial operations:
2 . Programmatic and fiscal data are on file and available to the State including
service expenditures, local cash . local in-kind. and program income:
3. The service provider has completed required reports on the prescribed forms in
accordance with the State directives:
4. Service provider applications fiscal and programmatic records are retained until
formal notice is received from the State advising that records are no longer
necessary for audit purposes:
5. Contractor submits all reports required by the State Reporting Schedule timely
and in the format required by the State. The State shall be notified 3-days prior to
deadline to request approval for an extended deadline:
6 . A tracking system to monitor federal carry-over by part is established , and is
maintained at levels approved by the State. These records shall be available for
review at the time of evaluations. Carry over funds shall not exceed 10% of the
current federal grant award from one annual cycle to the next by grant part: after
transfers between Parts B. C- 1 , and C-2:
7 . Expenditures are tracked and if needed . action plans are developed to correct
deficiencies:
Page 12 of 18
8. The State approved Consumer Information Assessment forms are used and
providers and staff are trained regarding the appropriate and correct use of these
forms:
9. Utilize the State prescribed systems for the collection and exchange of required
data and information . This data and information should accurately reflect the
project and financial operations:
10. Evidence of program income. local match . and in-kind contributions are
documented and retained ; and.
11 . Training and technical assistance is provided to staff and providers regarding
approved data entry methods. This training should include information on how to
maintain accurate information in the State data management systems.
J. COORDINATION AND ADVOCACY PLAN
The Contractor shall identify and describe coordination and advocacy efforts in the Area
Plan. Advocacy activities shall include. but are not limited to :
1 . Serving as the advocate and focal point for older adults within the community by
monitoring . evaluating , and commenting upon policies and programs that will
affect consumers:
2 . Soliciting input and comments from consumers:
3 . Developing and maintaining an Advisory Council that acts as a stakeholder group
for consumers residing in the PSA and reflects the demographic makeup of the
PSA. and/or other requirements of the State . The purpose of the Advisory
Council is to advise the Area Agency on Aging on matters related to
development, administration . and operation of the Area Plan ; and
4. Document funds budgeted for coordination and advocacy in Funding Request.
K. ELDER RIGHTS AND ABUSE PREVENTION SERVICES
1 . Long-Term Care Ombudsman Services: The local Long-Term Care (LTC)
Ombudsman Program is established . under the oversight of the Office of the
Colorado Long-Term Care Ombudsman . which operates under contract with the
State, to: investigate and resolve complaints on behalf of residents of long-term
care facilities: educate residents and their families regarding rights and choices:
provide information and consultation for consumers regarding options with regard
to nursing homes or assisted living residences or alternatives to nursing home
placement; advocate for long-term care system reform: and provide other
services as described in the State Unit on Aging (SUA) Policies and Procedures.
and Training Manuals.
With regard to programs provided . in accordance with the provisions contained
herein . the Contractor shall :
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•
a. Establish and maintain an appropriately staffed local LTC Ombudsman
Program:
b. Require local ombudsmen to adhere to the requirements within the SUA
Policies and Procedures Manual and provide services to assist in
protecting the health . safety. welfare. and rights of residents:
c. Provide technical support for the development of resident and family
councils within facilities and to protect the well-being and rights of
residents:
d . Provide or obtain training as approved and required for representatives
(LTC Ombudsmen) of the Colorado Long-Term Care Ombudsman
(CLTCO) Program . including unpaid volunteers, as described in Staff
Manual Volume 10 :
e. Prohibit any representative. other than the CLTCO or local . certified LTC
ombudsmen , from carrying out any activities on behalf of the Office of the
CLTCO:
f. Ensure that local ombudsmen receive the required certification or re-
certification training .
g . Ensure that the lead ombudsmen or his or her designee participate in the
required hours of annual training provided or sponsored by the Office of
the Colorado Long Term Care Ombudsman :
h . Ensure that local ombudsmen pass the Contractor's background check
process:
Ensure that local ombudsmen are currently certified by the CLTCO . as
qualified to carry out activity on behalf of the Office and be able. upon
request. to produce proof of certification (certification card):
k. Oversee and require use of the State specified database software by the
local LTC ombudsmen and/or approved clerical assistants: and
Produce timely reports as required by the Office of the CLTCO and the
State, including . but not limited to: (a) The Ombudsman Reporting Tool
(ORT) reports and (b) facility visit compliance reports.
2 . Legal Assistance Services: This program is established to offer advice, counsel ,
and legal intervention for eligible consumers regarding issues such as public
benefits. health care. financial exploitation , consumer problems. advanced
directives, and guardianship.
With regard to legal assistance programs provided . in accordance with the
provisions contained herein , the Contractor shall :
a . Work to resolve any issues noted by the Colorado Legal Assistance
Developer (CLAD) .. e.g . during the CLAD's on-site evaluation . The CLAD
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operates under contract with the State to provide oversight, technical
assistance and consultation for the local legal assistance providers.
L. SUPPORTIVE SERVICES
1 . Information and Assistance: This program includes one-on-one or group
contacts between information and assistance provider and consumer or the
consumer's caregiver.
With regard to this program . in accordance with the provisions contained herein ,
the Contractor shall :
a . Evaluate the needs of consumers:
b. Develop and maintain current information about opportunities. benefits.
services , and resources available to consumers within the community:
c. Provide information to the consumer or his/her caregiver about available
opportunities, benefits. services and resources:
d . Refer consumers to needed services. including initiating an arrangement
between the consumer or caregiver and the service provider, if
necessary. and advocating with agencies on the behalf of consumers:
e. Where practical . follow-up to ensure that the consumer and/or his/her
caregiver has been able to access the services available:
f. Provide additional assistance to the consumer and/or caregiver in locating
or accessing needed services, if necessary: and .
g . In areas where five percent (5%) or more of consumers speak a language
other than English as their principle language. provide information and
assistance in that language.
2 . Outreach: This program includes interventions with consumers and/or their
caregivers for the purpose of identifying potential adults and encouraging the
consumer or caregivers' use of existing services and benefits.
With regard to programs provided , in accordance with the provisions contained
herein , the Contractor shall :
a . Conduct outreach activities throughout the PSA to identify consumers and
their caregivers:
b . Establish communication with the local news media to inform the public of
available services and opportunities to contribute to the planning and
implementation of services for seniors: and .
c. In an area where a predominant number of consumers (five percent or
more) speak a language. other than English . as their principal language.
provide outreach , information and assistance services in that language.
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3 . Transportation Services: The Contractor shall make transportation and assisted
transportation under the OAA/SFSS available to consumers for the purpose of
accessing services necessary to remain independent and socially integrated in
the community.
With regard to programs provided hereunder, the Contractor shall :
a . Document the transportation services provided for each consumer,
through registration. in the State Prescribed Data System : :
b. Not use OAA/SFSS funds to pay for transportation or assisted
transportation if such transportation is offered or covered through other
Federal or State programs for which the consumer may be eligible:
c. Require all transportation providers, except private vehicles, rendering
services to OAA older adults to have all licenses. approvals. or
certifications required by federal , state. and local law or regulation : and
d . Require all transportation providers not requiring licensure by the Public
Utilities Commission (PUC) to have their drivers, vehicles. and auxiliary
equipment meet all applicable regulations and standards for passenger
and vehicle safety. as well as all applicable safety inspection and
maintenance requirements. and shall comply with the State's mandated
minimum insurance coverage.
M. NUTRITION SERVICES
1 . Congregate and Home Delivered Meals: The Contractor assures that this
program provides an array of nutrition services. including nutrition education ,
nutrition screening . nutrition assessment, and nutrition counseling . Therapeutic
diets, modified diets including medical foods, and other nutrition services may be
provided as feasible and appropriate. The program offers nutrition services.
meal preparation and delivery of nutritious meals to senior centers. dining
centers, nutrition sites, or consumer homes or residence.
The program promotes and emphasizes comprehensive preventive approaches.
which utilize community nutrition services to maintain the health and
independence of consumers.
With regard to programs provided . in accordance with the provisions contained
herein . the Contractor shall :
a . Provide modified diets in accordance with Section 339 of the OAA:
b. Provide or make referrals to resources for medical nutritional food as a
meal replacement when prescribed as necessary to treat a diagnosed
medical condition . :
c. Ensure the registered dietitian , or individual of comparable expertise:
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i . Approves menu nutrient content to ensure compliance:
ii. Approves nutrition education materials: and
iii . Conducts nutrition education presentations and/or nutrition
education learning activities at each congregate meal site.
iv. Provides nutrition counseling ; and .
v. Oversees and monitor all therapeutic diets and modified diets.
including medical nutritional foods.
e. Coordinate consultations between the registered dietitian . or individual of
comparable expertise. and the Nutrition Director to:
i . Determine feasibility and appropriateness of therapeutic diets.
modified diets, and medical nutritional foods:
ii . Monitor method and results of nutrient analysis to ensure
compliance:
iii . Monitor referrals to internal and external nutrition resources:
iv. Review food safety and sanitation procedures . monitoring. and
staff and volunteer training :
v. Review food service operations training : and
vi . Complete an approved annual training with the State Unit on
Aging .
2 . Nutrition Program Staff Training Requirements: The individual responsible for
overseeing the Nutrition Program and any subcontractors or their representative
shall be required to participate in six hours of State Unit on Aging training
annually for the Nutrition Program.
3 . Nutrition Program Requirements: Nutrition Program services shall meet
standards as defined in the Older Americans Act. including but not limited to, the
current Dietary Guidelines for Americans and Dietary Reference Intakes.
Nutrition Service Providers shall :
a . Comply with the most recent Dietary Guidelines for Americans. published
by the Secretary of Health and Human Services and the Secretary of
Agriculture:
b. Provide meals that meet a minimum of 33 1 /3 percent of the Dietary
Reference Intakes ( DRI ) standard from the most current release from the
Food and Nutrition Board of the Institute of Medicine of the National
Academy of Sciences if only one meal per day is provided : or 66 2/3
percent of the dietary reference intakes if two (2) meals per day are
provided : or 100 percent of the dietary reference intakes if three (3)
meals per day are provided :
c. Adjust meals. as feasible and appropriate , to the maximum extent
practical to meet any special dietary needs of program consumers
including . special health . religious. or ethnic requirements:
Page 17 of 18
d . Provide information and assistance about the Supplemental Nutrition
Assistance Program , SNAP (formerly known as the Food Assistance
Program) to consumers who may be eligible for such benefits: and .
c. Inform older consumers if the nutrition program accepts the SNAP
Program (a/k/a Food Assistance Program) .
f. Maintain and make available for review an approved copy of the menu
cycles and analyses on file at the nutrition site(s) . and available for review
by the Contractor or State at any time.
g . Ensure menus and recipes shall be analyzed using a nutrient analysis
software package to ensure compliance with the Dietary Guidelines for
Americans. and Dietary Reference Intakes, and shall be approved by a
registered dietitian . or individual of comparable expertise.
h . Shall document substitutions or deviations from the approved menu(s)
and be approved by the registered dietitian . or individual of comparable
expertise.
Shall maintain menu cycles and nutrient analysis for a minimum of three
(3) years for audit purposes unless disposition is authorized by the State.
4 . Home Delivered Meals Eligibility and Assessment: Home delivered meals are
the provision of meals or medical nutritional food to an eligible consumer at their
place of residence.
With regard to programs provided. in accordance with the provisions contained
herein . as well as the Older Americans Act, Older Coloradans Act, and Staff
Manual Volume 10 . the Contractor shall :
a . Assess consumers requesting home-delivered meals:
b. Provide home delivered meals only to eligible consumers determined to
be homebound or geographically isolated : and ,,
c. Perform homebound status assessments to ensure or determine eligibility
and potential needs for other services. If needs for other services are
determined . referrals to appropriate agencies shall be made.
Homebound status shall be reassessed as prescribed by the State Unit
on Aging in policies and procedures.
N. CAREGIVER SERVICES
The Caregiver services shall meet the requirements described in Staff Manual Volume
10. These services shall include. but are not limited to: information . access assistance.
respite, counseling , and supplemental services, such as medical equipment. offered to
caregivers of consumers and grandparents raising children under the age of eighteen .
Page 18 of 18
ATTACHMENT A TO EXHIBIT A
DEFINITIONS
Within this contract the following terms are defined .
"Additional Cost Alternative" means (per Code of Federal Regulations. Program
Income, 74 . 24 (h) and (b)( 1 )) as "[program income shall be] added to funds committed to
the project or program . and used to further [the] eligible project or program objectives. "
"Administration" means the Administration for Community Living of the United States
Department of Health and Human Services.
"Area Agency on Aging (AAA)" means a private. nonprofit. or public agency
designated by the State Unit on Aging (SUA) to administer the Older Americans Act and
related programs within a Planning and Service Area ( PSA) in the State of Colorado.
"Area Agency on Aging Advisory Council" means a representative body of
laypersons and service providers. designated by the AAA to represent the interests of
older adults within the boundaries of a Planning and Service Area .
"Area Plan" means a document submitted by the Area Agency on Aging (AAA) to the
State Unit on Aging (SUA) every four years in a format specified by the State
Department. which includes goals and measurable objectives; and identifies planning .
coordination , administration . supportive. and nutrition services. as well as evaluation
activities to be undertaken .
"Assessment" means the process of determining eligibility for a program . and may be
used to measure the changes in a client due to participation in a program .
"Carry-Over" means the estimated or actual portion of the federal funds made available
to a contractee for a budget year which are not expended during that budget year. and
which may be available for use (carried over) during a subsequent budget year. or
reallocated as necessary.
"Case Management" means assistance. either in the form of access or care
coordination . in circumstances where the eligible individual and/or their caregivers are
experiencing diminished functioning capacities. personal conditions. or other
characteristics which require the provision of services by formal service providers.
Activities of case management shall include: assessing needs. developing care plans.
authorizing services. arranging services, coordinating the provision of services among
providers, follow-up. and reassessment, as required .
"Cash Match" means local cash received from non-Federal and non-State sources.
passing to the control of the contractee or sub-contractee or contract agencies, which is
used for the payment of allowable costs charged to the contract. and for the satisfaction
of requirements for non-Federal/non-State share of program expenses.
"Chore services" means those services designed to increase the safety of older adults
living at home such as assistance with heavy housework. yard work or sidewalk
maintenance. Chore service activities are one-time, seasonal . or occasional in nature.
Page 1 of 7
and shall be planned with input from the older adult based on an evaluation of the older
adult's strengths and needs , and the degree of physical and/or cognitive impairment of
the older adult.
"Colorado Long-Term Care Ombudsman" (CLTCO) means an entity with expertise
and experience in the fields of long-term care and advocacy, serving on a full-time basis
to carry out the functions identified in the Older Americans Act.
"Comprehensive and Coordinated Service Delivery System" means a system for
providing all necessary supportive services. including nutrition services, in a manner
designed to:
A. Facilitate the accessibility and use of interrelated social , supportive. and nutrition
services provided to meet the needs of older adults in a Planning and Service
Area :
B. Develop and make the most effective use of supportive services and nutrition
services in meeting the needs of older adults within the planning and service
area :
C . Use resources efficiently and with a minimum of duplication : and ,
D. Encourage and assist public and private entities that have unrealized potential for
meeting the service needs of older adults to provide such assistance on a
voluntary basis.
"Conflict of Interest" means a direct official action on a matter in which the Area
Agency on Aging . provider. council member, or other interested party has the
opportunity for substantial financial . contractual . or employment gain .
"Congregate Meal" means the provision of a meal that meets all requirements as
specified in Staff Manual Volume 10 of these rules to an eligible older adult at a nutrition
site, senior center or some other congregate setting .
"Consumer" means an individual , over 60. or an individual who is eligible for services
from an Area Agency on Aging under the Older Americans or Older Coloradans Acts.
"Contract" means an agreement. allowable and enforceable by law, between two or
more competent parties. for a legal consideration . More specifically, in regard to these
rules. it is a legal written agreement between agencies or other entities to provide,
supply. or perform on the one part. and remunerate on the other part. a particular
service.. goods. or materials. in (a) particular time frame(s) and location(s).
"Contractor" means an organization or person that provides goods, materials, and/or
services for remuneration under the stipulations of a contract.
"Coordination" means a formal or informal arrangement through which the State Unit
on Aging (SUA) . Area Agency on Aging (AAA) , or another entity or coalition brings
together the planning and service resources of two (2) or more public and/or private
agencies in Colorado for the purpose of expanding or strengthening services for older
adults. Coordination refers to cooperative efforts. in support of common objectives.
directed toward joint planning and resource development. increased quality and quantity
of services, and the improvement of services to achieve a more effective and efficient
comprehensive system .
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I
"Counseling" means the provision of advice or support to assist older adults to address
issues . concerns. or make decisions.
" Education" means a supportive service designed to assist older adults to better cope
with their economic. health . and personal needs through services such as consumer
education , continuing education . health education. falls prevention education . medication
management education . pre-retirement education , financial planning . and other
education and training services which advances the objectives of the Older Americans
Act.
"Elder abuse, neglect, and exploitation" means abuse. neglect. or exploitation , of an
older adult.
"Evaluation" means the process of a review of the direction . compliance with
regulations and policy and procedures, efficiency and effectiveness of a program or part
of a program through use of an evaluation tool developed by the SUA or AAA including
completed written documentation of the findings.
"Family Caregiver" means an adult family member or other individual . who is an
informal provider of in-home, and community care to an older adult or to an individual
with Alzheimer's disease or a related disorder with neurological and organic brain
dysfunction .
"Funding Request" means the documentation submitted annually by each AAA to the
SUA, in a format prescribed that includes updated budgetary information .
"Greatest Economic Need" means the need resulting from an income level at or below
the federal poverty guidelines.
"Greatest social need" means the need caused by non-economic factors. which
include: physical and mental disabilities: language barriers: and cultural , social, or
geographical isolation , including isolation caused by racial or ethnic status that restricts
the ability of a person to perform normal daily tasks: or threatens the capacity of a
person to live independently.
"Health Promotion and Evidence-based Disease Prevention Program" means a
program that meets the current definition of evidence-based disease prevention and
health promotion as defined by the Administration on Aging and has:
A. Demonstrated through evaluation to be effective for improving the health and
wellbeing or reducing disease . disability and/or injury among older adults: and :
B . Proven effective with older adult population . using Experiment or Quasi-
Experimental Design : and ,
C . Research results published in a peer-review journal : and .
D . Been fully translated in one or more community site(s) : and ..
E. Developed dissemination products that are available to the public.
"Homebound" means an older adult who is assessed as unable to leave his or her
home without human assistance. due to a disabling physical or emotional condition or an
environmental condition that may have a health related impact.
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"Home-Delivered Meal" means the provision of a meal that meets all requirements as
described in Staff Manual Volume 10 , of these rules to an eligible individual at that
person's home.
"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.
"In-Kind Match" means services, goods, or property donated by a contractee or third
party. which are allowable costs of the contract. for which no cash reimbursement is
required . and which are applied to a requirement for the non-federal/non-state share of
program expenses.
"Internal Control" means processes designed to provide reasonable assurance
regarding the achievement of objectives in the following categories:
A. Effectiveness and efficiency of operations:
B. Reliability of financial reporting : and .
C . Compliance with applicable laws and regulations.
"Legal Assistance" means legal advice. counseling . and representation provided by an
attorney or other person acting under the supervision of an attorney.
"Local Ombudsman" means an individual trained and designated as qualified by the
state Long-Term Care Ombudsman to act as a representative of the office of the state
Long-Term Care Ombudsman , Section 26- 11 . 5- 103(2) C . R . S.
"Long-Term Care Ombudsman Services" means actions taken to identify, investigate.
or seek to resolve complaints made by or on behalf of an older adult who resides in a
long-term care facility, relating to actions. inactions. or decisions of providers or public
agencies that may adversely affect the health . safety. welfare. and rights of the
residents.
"Low-income" means incomes at or below the Federal poverty level .
"Means Test" means the use of an older adult's income or resources to determine
eligibility pursuant to these rules.
"Medical Food" means a food formulated to be consumed or administered entirely
under supervision of a physician . and intended for the specific dietary management of a
disease or condition for which distinctive nutritional requirements. based on recognized
scientific principles, are established by medical evaluation .
"Monitoring" means a review by the contractor agency of one or more contract
activities, that may include on-site visits to the contractor agency: and/or data collection
activities of contractors and subcontractors. for the purpose of assuring that the contract
is being administered in accordance with the Older Americans Act programs. and that
the purposes of the contract are being met.
"Nonprofit" as applied to any agency. institution . or organization . means an agency,
institution . or organization owned and/or operated by one or more corporations or
Page 4 of 7
associations whose profits must be used exclusively for the charitable. educational or
scientific purpose for which it was formed .
"Nutrition Counseling" means the provision of individualized advice and guidance. by
a registered dietitian in accordance with federal or state law and/or policy, to individuals
or their caregivers. for those individuals at nutritional risk because of their health or
nutritional history, dietary intake. medication use, or chronic illnesses. Nutrition
counseling addresses the options and methods for improving nutrition status .
"Nutrition Education" means a program to promote better health by providing accurate
and culturally sensitive nutrition , information and instruction to older adults and
caregivers in a group or individual setting overseen by a dietitian or individual of
comparable expertise.
"Nutrition Screening" means the process of identifying older adults at nutritional risk or
with malnutrition .
"Nutrition Services" means services and activities intended to provide older adults with
assistance in maintaining a well-balanced diet. including congregate and home-delivered
meals. nutrition screening . nutrition counseling and nutrition education .
"Nutrition Site" means a location where congregate meals are provided . and may
include senior centers, community buildings. elderly housing complexes. and public
schools.
I
"Older adult" means a person who is sixty (60) years of age or older.
"Older Americans Act funds" means Federal funds authorized under the Older
Americans Act.
"Personal Care" means providing personal assistance. stand-by assistance,
supervision or cues for persons who meet the eligibility requirements for in-home
services .
" Place of residence" means a permanent declared dwelling place.
"Planning and Service Area" (PSA) means a geographic area of the state. designated
by the State Unit on Aging for purposes of planning . development, delivery, and overall
administration of services under an area plan .
"Poverty level" is based on the federal poverty guidelines.
"Program" means a particular set of services and activities authorized and funded .
"Program Income" means any income generated by a contractee from activities. part
or all of the cost of which is borne by the funding .
" Registered Dietician" means an individual who has .
A. Completed the minimum of a Bachelor's degree granted by a United States
regionally accredited college or university:
Page 5 of 7
B. Met current academic requirements (Didactic Program in Dietetics) as approved
by the Commission on Accreditation/Approval for Dietetics Education of the
American Dietetic Association :
C . Completed a minimum of nine hundred (900) supervised practice hours of pre-
professional experience accredited/approved by the Commission on
Accreditation/Approval for Dietetics Education of the American Dietetic
Association . Requirements referenced in A. B. and C shall not include any later
amendments to or editions of the incorporated material . Copies of these
materials are available for public inspection by contacting :
D. Colorado Department of Human Services. Division of Aging and Adult Services.
Manager, State Unit on Aging . 1575 Sherman Street. Denver. Colorado 80203:
or any State Publication Depository Library.
E . Successfully completed the Registration Examination for Dietitians; and.
F. Accrued seventy-five (75) hours of approved continuing professional education
every five years.
"Resident" means any older adult who is sixty (60) years of age or older. who is a
current. prospective. or former patient or consumer of any long-term care facility.
"Rural" means any area that is not defined as urban .
"Screening" means the process of administering a standard instrument or tool to
determine an older adult's needs .
"State Funding for Senior Services (SFSS)" means any Colorado (State) funding .
including Older Coloradans Act funding and general funds. provided for service provision
for eligible consumers in Colorado . with the exception of State matching funds for
Federal program funding . The program delivery system and eligibility criteria for these
State-funded consumer services is mirrored after the Older Americans Act.
"State Unit on Aging" (SUA) means the unit in the State. designated by the Executive
Director to administer the Colorado State Plan on Aging including Older Americans Act
programs. In Colorado . this agency is the Colorado Department of Human Services.
Division of Aging and Adult Services .
"Subcontract" shall be defined the same as "contract", except that subcontracts are
awarded by Area Agencies on Aging (AAA) . An agency to which a contract is made by
the AAA to provide services pursuant to the Older Americans Act requirements is a
subcontractee.
"Sub-subcontract" shall be defined the same as contract. except that sub-subcontracts
are awarded by a subcontract of the Area Agencies on Aging (AAA) . An agency to which
a contract is made by the subcontract to provide services pursuant to the Older
Americans Act requirements is a sub-subcontract.
"Supplemental Nutrition Assistance Program" (SNAP) formerly known as 'The Food
Assistance Program' provides food benefits to low-income households. Electronic
Benefit Transfer (EBT) cards are issued and are used like cash at most grocery stores to
buy food. ensuring that recipients have access to a healthy diet.
Page 6 of 7
"Supportive services" means those services as described in these rules and as
included in the State Plan on Aging .
"Therapeutic diet" means a diet intervention ordered by a health care practitioner as
part of the treatment for a disease or clinical condition manifesting an altered nutritional
status. to eliminate. decrease, or increase certain substances in the diet (e.g . , sodium .
potassium) . Therapeutic diets provide the corresponding treatment that addresses a
particular disease or clinical condition . which is manifesting an altered nutritional status
by providing the specific nutritional requirements to remedy the alteration .
"Transportation" (one-way trip) means going from one location to another in a vehicle.
It does not include any other activity.
"Urban Area" means a central place and its adjacent densely settled territories with a
combined minimum population of 50. 000 or an incorporated place or a census
designated place with 20. 000 or more inhabitants.
Page 7 of 7
EXHIBIT B
MISCELLANEOUS PROVISIONS
A. If the Contractor fails to comply with State policies or has materially failed to
comply with the terms of this contract, or if the Contractor fails to carry out required
corrective action by the specified dates the State may suspend, terminate a
contract, in whole or in part, or withhold or recover funds in whole or in part from
the Area Agency on Aging. The process for terminating contracts and withdrawal
of designation of an Area Agency on Aging shall be done in accordance with rules
and regulations governing this process, as outlined in Staff Manual Volume 10.
B. The State shall document any non-compliance and shall notify the Contractor of
the required corrective action and the dates when such action is due.
C. The State shall notify the Contractor in writing ten (10) working days prior to the
effective date of the suspension or termination or withholding or recovering of
funds of the reason(s) for the suspension or termination or withholding or
recovering of funds. Such notification shall explain the right of the Contractor to
appeal such decision as outlined in the appeals and fair hearing section of the Staff
Manual Volume 10.
D. If in the State's judgment an emergency situation exists, the State may suspend or
terminate the contract or withhold or recover funds effective immediately.
E. Suspensions shall remain in effect until the Contractor has taken corrective
action satisfactory to the State, or has given evidence satisfactory to the State
that such corrective action will be taken.
F. New obligations against the contract in question incurred by the Contractor during
the suspension period shall not be allowed unless the State expressly authorizes
the new obligation in the notice of suspension or an amendment to the notice of
suspension.
G. If a contract or part thereof remains in suspension until the end of the contract
period, such contract or part thereof shall be automatically terminated.
H. If a contract is suspended or terminated, the State or its agent may administer
the Area Plan during the suspension period or until a new Contractor is
designated and receives funding from the State.
I . Termination on other grounds shall occur if any of the following conditions exist:
1 . The State and Contractor mutually agree upon the terms;
2. The State notifies the Contractor in writing of the termination, effective
date, and in case of partial termination, the portion of the funding to be
terminated;
3. The State fails to comply with the terms set forth in the contract
agreement; and,
4. The Contractor fails to carryout required corrective action by the dates
specified by the State.
Page 1 of 3
r
J. If, in the case of a partial termination, the Contractor determines that the remaining
portion of the contract will not accomplish the purposes for which the contract was
awarded, the Contractor may terminate the contract in its entirety.
K. When a contract is terminated, the Contractor shall not incur new obligations for
the terminated portion after the effective date, and shall cancel as many
outstanding obligations as possible. The State shall allow full credit to the
Contractor for the non-cancelable obligations properly incurred by the Contractor
prior to termination.
L. The State may refuse to contract with and may take legal action against any
Contractor that breaches its contract with the State or fails to use or expend
Federal and State funds in accordance with applicable laws, regulations, policies
and the State directives.
M. The State shall notify the Contractor in writing of the required corrective action(s)
and due date(s). The Contractor or sub-contractor shall not incur new obligations
during periods of suspension unless authorized. If Contractor or sub-contractor
remains in suspension until the end of the contract period, the contract will
automatically be terminated. The Contractor or sub-contractor shall be notified of
rights to a hearing, appeal or other administrative actions.
N . The State may require continued performance for a period of one ( 1 ) year at the
same rates and same terms specified in the Contract. If the State exercises the
option, it will provide written notice to Contractor at least thirty (30) days prior to
the end of the current contract term in a form substantially equivalent to Exhibit
E, Sample Option Letter. If exercised, the provisions of the Option Letter shall
become part of and be incorporated into the original contract. The total duration
of this Contract, including the exercise of any options under this clause, shall not
exceed four (4) years.
O. The State may increase or decrease the quantity of goods/services described in
section/schedule/exhibit based upon the rates established in the Contract. If the
State exercises the option, it will provide written notice to Contractor as least
thirty (30) days prior to the end of the current contract term in a form substantially
equivalent to Exhibit E, Sample Option Letter. Delivery/performance of the
goods/service shall continue at the same rates and terms. If exercised, the
provisions of the Option Letter shall become part of and be incorporated into the
original contract.
P. Federal law and regulations governing the privacy of certain health information
requires a "Business Associate Contract" between the State and the Contractor.
45 C. F. R. Section 164.504(e). Attached and incorporated herein by reference
and agreed to by the parties is a HIPAA Business Associate Addendum for
HIPAA compliance. Terms of the Addendum shall be considered binding upon
execution of this contract and shall remain in effect during the term of the
contract including any extensions.
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Q. Modification to the General Provision. Paragraph H. Indemnification of the
General Provisions of this contract is modified to include the following: "If
Contractor is a county, city, town, township, or school district as such terms are
used pursuant to the Constitution of the State of Colorado Article X, Section 1 ,
the indemnification provisions of this section shall not apply. "
Page 3 of 3
EXHIBIT C
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, Division of Aging and Adult Services and
Weld County, Colorado, Weld County Department of Human Services, Weld County Area
Agency on Aging, contract number 16 IHEA AASC 77142. For purposes of this Addendum, the
State is referred to as "Covered Entity" or "CE" and the Contractor 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
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
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; (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 in formation privacy and security program that includes administrative,
technical and physical safeguards appropriate to the size and complexity of the Associate's
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Colorado Model BA Provision and
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Rev. May 2013
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.
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
Page 3 of 9
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
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).
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
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
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.
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.
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
a. Material Breach. In addition to any other provisions in the Contract regarding
breach, a breach by Associate of any provision of this Addendum, as determined by CE, shall
constitute a material breach of this Contract and shall provide grounds for immediate termination
of this Contract by CE pursuant to the provisions of the Contract covering termination for cause,
if any. If the Contract contains no express provisions regarding termination for cause, the
following terms and conditions shall apply:
( 1 ) Default. If Associate refuses or fails to timely perform any of the
provisions of this Contract, CE may notify Associate in writing of the non-performance, and if
not promptly corrected within the time specified, CE may terminate this Contract. Associate
shall continue performance of this Contract to the extent it is not terminated and shall be liable
for excess costs incurred in procuring similar goods or services elsewhere.
(2) Associate's Duties. Notwithstanding termination of this Contract, and
subject to any directions from CE, Associate shall take timely, reasonable and necessary action
to protect and preserve property in the possession of Associate in which CE has an interest.
(3) Compensation. Payment for completed supplies delivered and accepted
by CE shall be at the Contract price. In the event of a material breach under paragraph 4a, CE
may withhold amounts due Associate as CE deems necessary to protect CE against loss from
third party claims of improper use or disclosure and to reimburse CE for the excess costs
incurred in procuring similar goods and services elsewhere.
(4) Erroneous Termination for Default. If after such termination it is
determined, for any reason, that Associate was not in default, or that Associate's action/inaction
was excusable, such termination shall be treated as a termination for convenience, and the rights
and obligations of the parties shall be the same as if this Contract had been terminated for
convenience, as described in this Contract.
b. Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice
of Associate that constitutes a material breach or violation of the Associate's obligations under
the provisions of this Addendum or another arrangement and does not terminate this Contract
pursuant to Section 4(a), then CE shall take reasonable steps to cure such breach or end such
violation.. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall
either (i) terminate the Contract, if feasible or (ii) if termination of this Contract is not feasible,
CE shall report Associate's breach or violation to the Secretary of the Department of Health and
Human Services. If Associate knows of a pattern of activity or practice of a Subcontractor or
agent that constitutes a material breach or violation of the Subcontractor's or agent's obligations
under the written agreement between Associate and the Subcontractor or agent, Associate shall
take reasonable steps to cure such breach or end such violation, if feasible.
c. Judicial or Administrative Proceedings. Either party may terminate the
Contract, effective immediately, if (i) the other party is named as a defendant in a criminal
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.
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
d. Effect of Termination.
( 1 ) Except as provided in paragraph (2) of this subsection, upon termination
of this Contract, for any reason, Associate shall return or destroy all Protected Information that
Associate or its agents or Subcontractors still maintain in any form, and shall retain no copies of
such Protected Information. If Associate elects to destroy the PHI, Associate shall certify in
writing to CE that such PHI has been destroyed.
(2) If Associate believes that returning or destroying the Protected
Information is not feasible, Associate shall promptly provide CE notice of the conditions making
return or destruction infeasible. Associate shall continue to extend the protections of Sections
2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such Protected Information, and shall limit
further use of such PHI to those purposes that make the return or destruction of such PHI
infeasible.
5. Injunctive Relief. CE shall have the right to injunctive and other equitable and legal
relief against Associate or any of its Subcontractors or agents in the event of any use or
disclosure of Protected Information in violation of this Contract or applicable law.
6. No Waiver of Immunity. No term or condition of this Contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection,
or other provisions of the Colorado Governmental Immunity Act, CRS 24- 10-101 et seq. or the
Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now in effect or hereafter
amended.
7. Limitation of Liability. Any limitation of Associate's liability in the Contract shall be
inapplicable to the terms and conditions of this Addendum.
8. Disclaimer. CE makes no warranty or representation that compliance by Associate with
this Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes.
Associate is solely responsible for all decisions made by Associate regarding the safeguarding of
PHI.
9. Certification. To the extent that CE determines an examination is necessary in order to
comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its
security practices, CE or its authorized agents or contractors, may, at CE's expense, examine
Associate's facilities, systems, procedures and records as may be necessary for such agents or
contractors to certify to CE the extent to which Associate's security safeguards comply with the
HIPAA Rules or this Addendum.
10. Amendment.
a. Amendment to Comply with Law. The parties acknowledge that state and federal
laws relating to data security and privacy are rapidly evolving and that amendment of this
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
Page 7 of 9
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
confidentiality, integrity, availability and security of PHI. The parties understand and agree that
CE must receive satisfactory written assurance from Associate that Associate will adequately
safeguard all Protected Information and that it is Associate's responsibility to receive satisfactory
written assurances from Associate's Subcontractors and agents. Upon the request of either party,
the other party agrees to promptly enter into negotiations concerning the terms of an amendment
to this Addendum embodying written assurances consistent with the standards and requirements
of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty (30)
days written notice in the event (i) Associate does not promptly enter into negotiations to amend
this Contract when requested by CE pursuant to this Section, or (ii) Associate does not enter into
an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE,
in its sole discretion, deems sufficient to satisfy the standards and requirements of the HIPAA
Rules.
b. Amendment of Attachment A. Attachment A may be modified or amended by
mutual agreement of the parties in writing from time to time without formal amendment of this
Addendum.
11 . Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and
any Subcontractors, employees or agents assisting Associate in the performance of its obligations
under the Contract, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as
witnesses, or otherwise, in the event of litigation or administrative proceedings being
commenced against CE, its directors, officers or employees based upon a claimed violation of
the HIPAA Rules or other laws relating to security and privacy or PHI, except where Associate
or its Subcontractor, employee or agent is a named adverse party.
12. No Third Party Beneficiaries. Nothing express or implied in this Contract is intended to
confer, nor shall anything herein confer, upon any person other than CE, Associate and their
respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.
13. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail
over any provisions in the Contract that may conflict or appear inconsistent with any provision in
this Addendum . Together, the Contract and this Addendum shall be interpreted as broadly as
necessary to implement and comply with the HIPAA Rules. The parties agree that any
ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent
with the HIPAA Rules. This Contract supercedes 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 i n 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
Page 8 of 9
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
AlimEmn
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: Mindy Kemp
Title: Director, Aging and Adult Services
Department and Division: Colorado Department of Human Services,
Aging and Adult Services
Address: 1575 Sherman Street, 10th Floor
Denver, CO 80203
Contractor/Business Associate Representative:
Name: Judy A. Griego
Title: Director
Department and Division: Weld County Department of Human Services
Weld County Area Agency on Aging
Address: 315 C. N. 11th Ave., P.O. Box 1805
Greeley, CO 80631
Page 9 of 9
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
! ■
ATTACHMENT A to EXHIBIT C'
This Attachment sets forth additional terms to the HIPAA Business Associate Addendum, which
is part of the Contract dated July 1 , 2015 between the Department of Human Services, Division
of Aging and Adult Services and Weld County, Colorado, Weld County Department of Human
Services, Weld County Area Agency on Aging, contract number 16 IHEA AASC 77142,
("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:
None except as otherwise directed in writing by the State
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 :
None except as otherwise directed in writing by the State
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:
None except as otherwise directed in writing by the State
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: Upon the effective date of
the contract.
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 .
As may be directed in writing by the State
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.]
None
Page I of 1
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 20I 3
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EXHIBIT E
SAMPLE OPTION LETTER
Date: Original Contract CMS #: Option Letter # CMS Routing #
1) OPTIONS: Choose all applicable options listed in § 1 and in §2 and delete the rest.
a. Option to renew only (for an additional term)
b.Change in the amount of goods within current term
c. Change in amount of goods in conjunction with renewal for additional term
d. Level of service change within current term
e. Level of service change in conjunction with renewal for additional term
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Options 1(a-e): In accordance with Section(s) of the Original Contract between the
State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State
hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date
at a cost/price specified in Section , AND/OR an increase/decrease in the amount of goods/services at
the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc.
b. For use with all Options 1(a-f): The amount of the current Fiscal Year contract value is
increased/decreased by $ amount of change to a new contract value of Insert New $ Amt to as consideration
for services/goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first
sentence in Section is hereby modified accordingly. The total contract value including all previous
amendments, option letters, etc. is Insert New $ Amt.
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or
whichever is later.
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Human Services
Reggie Bicha, Executive Director
By: Insert Name & Title of Person Signing for Agency or IHE
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed
and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If
Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Insert Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Date:
Page I of I
Rev 5/1/13
I
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EXHIBIT F
SAMPLE OPTION LETTER PERFORMANCE MEASURES
Date: State Fiscal Year: Option Letter No. CMS Routing #
1 ) OPTIONS: .
a. Change in the Performance Measure within current term at -no-cost"
2) REQUIRED PROVISIONS.
a. In accordance with Section(s) of the Original Contract routing number between the
State of Colorado. Department of Human Services, and Contractor's Name. the State hereby
exercises its option to change the Performance Measure within the current term of the contract
with no additional funds added to the contract.
b. The New/Revised Performance Measure(s) is as follows: (or) as shown on the attached "Option
Letter No. New/Revised Performance Measure(s)"_
1 .
2
c. For use with all Options: The amount of the current Fiscal Year contract value remains the
same as the Contract not to exceed price at Page 1 of the Contract.
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or
. whichever is later.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Human Services
Reggie Bicha. Executive Director
By: Insert Name & Title of Person Signing for Agency or IHE
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By
Date
Page 1 of 1 Effective Date- 1/6/09-Rev 8/25/09
Si
EXHIBIT G - BUDGET FUNDING REQUEST NUMBER 1 SFY 2016
SFY 2015 FUNDING REQUEST TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT OF HUMAN SERVICES
WELD COUNTY AREA AGENCY ON AGING
REGION 2B
JULY 1, 2015 TO JUNE 30, 2016
Funding Transfers and/or Carryover Funds
New Funds Prior Amount New Funds After
Funding Part Grand Total SFY 2016
to Transfers Transferred Transfers
FEDERAL PART B $182,780.00 - - $182,780.00
FEDERAL PART C-1 $279,323 00 - - $279,323 00
FEDERAL PART C-2 $142.591 00 - - $142.591 00
FEDERAL PART D $11 ,978 00 - - 511 .978 00
FEDERAL PART E 381 58500 - - $81 .585 00
FEDERAL OMBUDSMAN $7.419.00 - - $7,419.00
FEDERAL ELDER ABUSE PREV $1 984.00 - - $1 ,984.00
STATE GENERAL FUND $935639.00 - - $935.639 00
STATE ADMINISTRATION $103.96000 - - $103.960.00
FEDERAL ADMINISTRATION $72,791 00 - - $72,791 00
STATE PART E MATCH $7,147 00 - - $7,147 00
STATE VISUALLY IMPAIRED $25, 158.00 - - $25. 158 00
Totals $1,852,355.00 - - $1 ,852,355.00
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