HomeMy WebLinkAboutbocc.res.075.2011 CONTRACT # // ; V9
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, TO ACCEPT THE CONTRACT FOR
OLDER AMERICAN'S ACT TITLE III FUNDS AND STATE FUND FOR
SENIORS GRANTS
RESOLUTION NO. O'7 -2011
The Pitkin County Board of Commissioners has great concern for the preservation of
health and safety of older adults in Pitkin County; and
The NWCCOG /AAAA regional Four Year Plan for seniors was developed and adopted
by the NWCCOG Board to identify priority needs of seniors for the next four year period;
and
The following are considered essential community services by County citizens, elected
leaders, and the regional Four Year Plan:
reliable access to information about resources and programs,
affordable and healthy meals in a congregate setting,
affordable and health home - delivered meals for the homebound,
care management assistance with accessing services and resources when needed to
maintain a safe living environment; and
Providing these essential senior services is consistent with Pitkin County citizen support
of the Healthy Community Fund for the past ten years; and
Federal Older Americans Act Title III grants and Older Coloradans State Fund for Seniors
grants are available to help Pitkin County (HCF ?) provide these services through the
Pitkin County Senior Services department.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado: to accept a contract for Older American's Act Title III and
Older Coloradans State Fund for Seniors grants in the amount of $85,112 for state fiscal
year 2012, to be renewed through state fiscal year 2015 as funding allows.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON AND SET
FOR PUBLIC HEARING ON THE 27 DAY OF JULY, 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 31 DAY OF JULY, 2011.
ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON AUGUST 10,
2011.
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PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 2- DAY OF AUGUST, 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COL • RADO
LO
.4 1
J /,11.4I % By
Jer'ette ones / Rachel E. ' 'chards, Chairwom.
De ►uty Clerk & Re .rder
Date: 01// C? O I I
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely, ty ey Jon Peacoc , my Manager
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NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
ALPINE AREA AGENCY ON AGING
(the "Council ")
and
PITKIN COUNTY SENIOR SERVICES
( "Contractor")
PURCHASE OF SERVICES CONTRACT
PROGRAM OF THE OLDER AMERICANS ACT
and /or
PROGRAM OF THE OLDER COLORADANS ACT
(the "Contract ")
CONTRACT # 2012- SFY- PiktinCo
RECITALS:
A. The Council is the recipient of grant funds under the Older Americans Act and
the State Funding for Senior Services ( "Older Coloradans Act ").
B. The Council desires Contractor to render certain services hereinafter described
in connection with an undertaking which is expected to be financed under the
Older Americans Act and /or the Older Coloradans Act.
NOW THEREFORE, the parties hereto mutually agree as follows:
1.0 SCOPE OF SERVICES.
Contractor shall do, perform, and carry out, in a satisfactory manner, as determined by
the Council, all work elements described in Contractor's Proposal submitted for funding
(as approved and as may be amended, from time to time, by the Council) which is
incorporated herein by reference and which is summarized in Exhibit A of the Contract.
2.0 INDEPENDENT CONTRACTOR
2.1 Contractor agrees and understands that Contractor is an independent contractor
providing services to the Council. Nothing in the Contract shall be deemed to make
Contractor an agent, employee, partner or representative of the Council.
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2.2 Contractor shall not have the authority to, and will not make any commitments or
enter into any agreement with any party on behalf of the Council without the written
consent of the Council.
2.3 At all times during the term of the Contract, Contractor shall maintain insurance
in compliance with Section 14.0, Indemnification and Insurance, of the Contract.
3.0 ADMINISTRATIVE REQUIREMENTS
Contractor will administer services funded under the Contract in accordance with the
Older Americans Act; all applicable provisions of the Colorado Revised Statutes;
12 CCR 2510 -1 Rule Manual Volume 10, Older Americans Act (OAA) Programs; and
Colorado Department of Human Services, Division of Aging and Adult Services, State
Unit on Aging (SUA) Policy and Procedures Manual, now in effect and as amended
from time to time. Applicable Federal and State laws, rules, and regulations are listed in
Exhibit B of the Contract, which is incorporated herein by reference.
4.0 TIME OF PERFORMANCE
The Contract may be renewed upon execution of an Option Letter issued by the Council
each fiscal year through June 30, 2015, with the first fiscal year beginning on July 1,
2011 and ending June 30, 2012. Renewal of the Contract shall be contingent upon
satisfactory performance of contract services by Contractor, and funds for the purpose
contemplated by the Contract being appropriated, budgeted, and otherwise made
available to the Council.
5.0 CHANGES
Except as may be expressly provided in the Contract, any changes, including any
increase or decrease in the amount of the Contract or changes in the scope of services,
which are mutually agreed upon by and between the Council and Contractor, shall be in
writing as an amendment to the Contract.
6.0 AMOUNT OF CONTRACT
6.1 Funding.
6.1.1 Should U.S. Department of Health and Human Services or the State disapprove
of the Contract or refuse or fail to make the grant to the Council as contemplated
by the Contract, then the Contract shall be void and shall not be binding on any
parties hereto.
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6.1.2 Unearned payments under the Contract may be suspended or terminated in the
event that Contractor refuses to accept additional terms or conditions to the
Contract that may be imposed by U.S. Department of Health and Human
Services, the State, or the Council after the effective date of the Contract.
6.1.3 Council agrees to reimburse Contractor for allowable project expenses up to but
not exceeding the sum of
$13,500.00 for Care Management,
$34,089.00 for Congregate Meals,
$25,023.00 for Home Delivered Meals, and
$12,500.00 for Information and Assistance
from Older Americans Act funds and /or funds from the Older Coloradans Act
State Funding for Senior Services.
6.2 Contractor Match. The local match from the Contractor shall be at least ten
percent (10 %) of the combined funding from the Older Americans Act and from the
Older Coloradans Act State Funding for Senior Services (in cash or in- kind).
6.2.1 There will be a Contractor cash match in the amount of
$24,868.00 for Care Management,
$54,674.00 for Congregate Meals,
$24,405.00 for Home Delivered Meals, and
$11,056.00 for Information and Assistance .
6.2.2 There will be a Contractor contribution of in -kind match in the amount of:
$ -0- for Care Management,
$ -0- for Congregate Meals,
$ -0- for Home Delivered Meals, and
/ (ilk $8 Information and Assistance.
6.2.3 Contractor stipulates that the specified cash match (at subsection 6.2.1) or the in-
kind match (at subsection 6.2.2) have not and will not be used to satisfy match
requirements for any other Federal or State funding. Valuation of in -kind match
shall show how the in -kind match was computed, and must be incorporated into
Contractor's accounting records. Supplies, volunteer services, and other
contributions shall be valued as described under 45 CFR, Part 74.
6.3 Income. Program income, including participant contributions and non - eligible
recipient guest fees, earned by Contractor from activities which are supported by the
Contract shall be added to funds committed to the project or program and used for
allowable costs of services under the Contract to further the objectives of the Contract,
as provided under 45 CFR 74.24(b)(1).
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Program income earned (voluntary contributions and non - eligible recipient guest fees)
must be fully expended within the reporting month it was received and cannot be carried
over for any period of time, as provided under 45 CFR Part 92.21(f)(2).
6.3.1 Participant Voluntary Contributions for Services. Contractors providing services
under this agreement shall provide eligible persons receiving such services the
opportunity to contribute to all or part of the costs of services provided; each
individual recipient shall determine what amount, if any, he or she is able to
contribute toward the cost of the services. No person shall be denied a service
because of any failure to contribute to the cost of such service. Such income
shall be identified as program income and shall be expended in accordance with
subsection 6.3, above.
6.3.2 Non - eliqible Recipient Guest Fees. Contractor shall collect non - eligible recipient
fees guest fees. Such fees shall be identified as program income and shall be
expended in accordance with subsection 6.3, above.
6.3.3 Income Accounting Records. Program income must be accounted for pursuant
to 45 CFR, Section 74.24 and State Unit on Aging Policy Directives. Contractor
shall establish minimum standards and procedures for the responsible collection
of, handling, and safeguarding of consumer contributions and non - eligible
recipient guest fees.
7.0 CONTRACTOR RESPONSIBILITIES
7.1. Personnel. Contractor represents that it has, or will secure at its own expense,
all personnel required in performing the services under the Contract. Such personnel
shall not be employees of or have any contractual relationship with the Council.
7.1.1 Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly
employ or contract with an illegal alien to perform work under the Contract.
Contractor shall not 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 the Contract.
a. Contractor will participate in either the Federal E- verify program or the
Department of Labor and Employment program, as defined in C.R.S. §§ 8 -17.5-
101 (3.7) and 8- 17.5 -101 (3.3), now in effect and as amended from time to time,
in order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services, as
defined by C.R.S. § 8- 17.5- 101(6), now in effect and as amended from time to
time. If Contractor participates in the Department of Labor and Employment
program, Contractor shall deliver to Council a written, notarized affirmation that
Contractor has examined the legal work status of such employees, and shall
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PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
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comply with all other requirements of the Department of Labor and Employment
program.
b. Contractor is prohibited from using the Federal E- verify program or the
Department of Labor and Employment program procedures to undertake pre-
employment screening of job applicants while the Contract is being performed.
c. Contractor shall include the language set forth in Exhibit E in any
subcontract that is: (1) for commercial or noncommercial services or
construction; (2) has a value of more than $3,000; and (3) includes work
performed in the United States.
d. If Contractor obtains actual knowledge that a subcontractor performing
work under the Contract knowingly employs or contracts with an illegal alien,
Contractor shall:
(i) Notify the subcontractor and Council within three (3) days that
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three (3)
days of receiving notice the subcontractor does not stop employing
or contracting with the illegal alien.
(iii) The Contractor shall not terminate the contract with the
subcontractor if the subcontractor provides information to establish,
to the satisfaction of the Council, that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(iv) Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an
investigation that the Department is undertaking pursuant to the
authority established in C.R.S. § 8- 17.5- 102(5).
e. If Contractor violates a provision of the Contract required pursuant to
C.R.S. § 8- 17.5 -102, Council may terminate the Contract for breach of
contract. If the Contract is so terminated, Contractor shall be liable for
actual and consequential damages to Council.
f. Contractor shall provide to the Council written verification of participation
in the Federal E- verify program, or a copy of Contractor's executed Notice
of Participation regarding the Department of Labor and Employment
program prior to commencement of services under the Contract.
7.1.2 Qualifications. All of the services required hereunder shall be performed by
Contractor or under its supervision, and all personnel engaged in the work shall
be fully qualified and shall be authorized under State and local law to perform
such services.
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PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT {�
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7.1.3 Handicapped. Contractor will not discriminate in employment on the basis of
handicap against any qualified handicapped person and agrees to take positive
steps to employ and advance in employment qualified handicapped persons and
to comply with Department of Human Services Regulations (45 CFR Part 84),
now in effect and as amended from time to time.
7.1.4 Equal Employment Opportunity. Contractor agrees to comply with all applicable
Federal laws, regulations, and orders regarding "Equal Employment
Opportunity ", now in effect and as amended from time to time, and to execute
such provisions as are required under Exhibit C of the Contract, which is
incorporated herein by reference.
7.1.5 Background Check. Contractor shall ensure that prior to delivery of services, a
records check through the Colorado Bureau of Investigations (CBI) or another
background check system that provides information at the same level of detail or
higher than the CBI records check, shall be conducted for all employees,
volunteers, and subcontractors of Contractor directly providing one or more of the
following services: personal care, homemaker, adult day, transportation, case
management/care management, chore, home delivered meals, material aid
services (provided within a consumer's home), one -to -one legal assistance, one -
to -one counseling, or respite care. Contractor shall ensure that appropriate
follow -up of the background check is completed according to the SUA Policy and
Procedure Manual, and shall ensure that its employees, volunteers, and
subcontractors are in compliance with the requirements of this paragraph.
7.1.6 Records. Contractor shall keep such records and submit such reports concerning
the racial and ethnic origin of applicants for employment and for employees as
required by U.S. Department of Health and Human Services, the State, or the
Council.
7.2 Work Hours. Contractor shall comply with the Contract Work Hours and Safety
Standards Act (US Code Title 40, Chapter 39) and with the Department of Labor
Regulations (29 CFR Part 5) now in effect and as amended from time to time...
7.3 Licensure. Where the State or local public jurisdictions require licensure for the
provision of services provided hereunder, Contractor shall be licensed and shall meet all
requirements of licensure. Contractor shall provide the Council notice of any action to
revoke or suspend any such licenses as well as any actual suspension or revocation of
any licenses within forty -eight (48) hours of Contractor receiving notice.
7.4 Contractor Traininq. Contractor shall complete mandatory training through the
Council as deemed appropriate by the Council
7.5 Identification of Documents. Contractor shall designate on the front cover or title
page of all reports, maps and other documents completed as part the Contract, other
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than documents exclusively for internal use by Contractor, an acknowledgement of the
support received under the Older Americans Act and /or Older Coloradans Act.
7.6 Publication, Reproduction and Use of Material. Material produced in whole or in
part under the Contract may not be subject to copyright laws.
7.7 Financial Management. Contractor agrees to adhere to generally accepted
accounting principles and procedures, utilize adequate internal controls, and maintain
necessary source documentation for all revenues received and costs incurred.
Contractor shall administer the program in conformance with OMB Circular A -102
"Grants and Cooperative Agreements with State and Local Governments" or OMB A-
110 "Uniform Administrative Requirements for Grants and Agreements with institutions
of Higher Education, Hospitals or Other Non - profit Organizations ". Cost Principles shall
be in conformance with OMB Circular A -122 "Cost Principles for Non - Profit
Organizations" or OMB A -87 "Cost Principles for State and Local Governments" as
applicable.
7.8 Recovery of Improper Payments. Contractor shall notify the Council immediately
if it believes it has received an overpayment or other erroneous or improper payment.
Any costs incurred by Contractor that are later found to be disallowed or ineligible for
payment under the Contract shall be reimbursed by Contractor to the Council, or offset
against current or future payments due by the Council to Contractor, at the Council's
election.
8.0 SUBCONTRACT
8.1 Prior approval of Subcontractor by Council. None of the work or services
covered by the Contract shall be subcontracted to any other party without the prior
written approval of the Council. Failure to obtain Council's prior approval of any
subcontractor(s) shall result in the disallowance of reimbursements for any services
provided by the subcontractor(s) prior to Council's approval. Council approval of a
subcontractor shall be effective only through the current fiscal year.
8.2 Debarment and Suspension. Prior to submitting the subcontractor(s) for
approval by the Council, Contractor shall verify that the subcontractor(s) is not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation by any federal department or agency. Contractor shall
submit verification of non- exclusion or non - disqualification upon request.
8.3 Subcontractor Compliance with the Contract. Contractor is responsible for
compliance with all provisions of the Contract by each subcontractor engaged by
Contractor in connection with the work to be performed under the Contract. Contractor
warrants and agrees that all subcontracts resulting from its performance under the
terms and conditions of the Contract shall include a provision that the subcontractor(s)
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shall abide by the terms and conditions of the Contract. Also, Contractor warrants and
agrees that all subcontracts shall include a provision that the subcontractor(s) shall
indemnify and hold harmless the State. The subcontractor(s) must be certified to work
on any equipment for which their services are obtained.
9.0 CONFIDENTIALITY
Contractor shall protect the confidentiality of all consumers in accordance with the
HIPAA Privacy Rule at 45 CFR Parts 160 and 164, now in effect and as amended from
time to time. Contractor shall advise its employees, volunteers or agents, that they are
subject to these confidentiality requirements and shall provide its employees, volunteers
or agents, with a copy or written explanation of these confidentiality requirements before
access to confidential data is permitted. The HIPPA Business Associate Agent's
Addendum, attached to the Contract as Exhibit D, is incorporated herein by reference.
10.0 CONFLICT OF INTEREST
10.1 Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would represent a conflict in any manner or degree with
the performance of services required to be performed under the Contract. No person
having any such interest shall be employed or participate in any decision relative to the
Contract.
10.2 To the extent prohibited by Federal or State law now in effect and as amended
from time to time, no part of the Contract shall be used to pay the salary or expenses of
any person or any organization acting for Contractor to engage in any activity designed
to influence legislation or appropriations pending before the Congress, or legislation or
appropriations pending before the State General Assembly.
10.3 Contractor acknowledges that even the appearance of a conflict of interest is
harmful to the interests of the Council and the State of Colorado. Contractor agrees to
refrain from any practices, activities or relationships which could reasonably give the
appearance of a conflict of interest. In the event that Contractor is uncertain whether
the appearance of a conflict of interest may reasonably exist, Contractor shall submit to
the Council a full disclosure statement setting forth the relevant details for the Council's
consideration and direction. Failure to promptly submit a disclosure statement or to
follow the Council's direction in regard to the apparent conflict shall be grounds for
termination of the Contract.
11.0 REIMBURSEMENT METHOD
Contractor shall submit a monthly services performance report and reimbursement
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request in a form prescribed by the Council. Such report and request shall be filed on
or before the fifteenth (15) day of the month following the month in which services are
provided, throughout the term of the Contract. If the fifteenth day of the month falls on a
holiday or weekend, then submissions shall be due the business day prior to the
fifteenth (15) day of the month. Failure to timely submit the monthly report and
reimbursement request will delay processing of payments until the next calendar month.
Failure to submit the final month's report and reimbursement request by July 15 of the
then - current fiscal year of the Contract term will result in non - payment of services such
late -filed final reimbursement request. Contractor is responsible for the timely filing,
completeness, and accuracy of all service performance reports and reimbursement
requests. All payments are subject to verification by Council.
12.0 SERVICE AND SERVICE ELIGIBILITY
12.1 Eligibility Assessments. Contractor will conduct an assessment of individual's
eligibility prior to the delivery of any registered services, as defined in 45 CFR 1321.3,
using the standardized assessment form provided by the Council, and re- assessments
will be conducted thereafter as required for any registered service continuing after six
months. Contractor may not alter the standardized assessment form provided by the
Council; however, Contractor may attach as separate sheet(s) an addendum to the
assessment to meet any additional program /service specific needs. Any addendum
must be approved in advance by the Council. Eligibility requirements for services
provided under the Contract shall be only that the individual receiving service is age 60
or above, unless other eligibility requirements exist within Rule Manual Volume 10 or
SUA Policy and Procedure for the contracted service.
12.2 Evaluation. Contractor shall implement a quality improvement process, which
includes, at a minimum, monitoring of service quality and consumer satisfaction.
Methods of receiving consumer input on the quality of services shall be established,
documented, and utilized by Contractor on a regular basis throughout the term of the
Contract. Examples include site councils, projects councils, consumer forums,
consumer satisfaction surveys, telephone interviews, and visits. Contractor shall upon
the Council's request provide information regarding Contractor's compliance with the
requirements of this Section.
12.3 On -Site Assessment. Contractor acknowledges receipt of the on -site
assessment requirements from Council and shall comply with the on -site assessment
requirements.
12.4 Policy Changes. From time to time during the term of the Contract, Council
and /or the State Unit on Aging may adopt policies and procedures that relate to services
provided under the Contract. Upon notice of such adopted policies or procedures,
Contractor shall incorporate any such policies and procedures into their practices and
comply with the provisions thereof.
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PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
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13.0 RECORDS, AUDITS AND ASSESSMENTS
13.1 Records. Contractor agrees to maintain all records pertinent to the Contract
during the Term of the Contract and to retain all records pertinent to the Contract for a
period of three years after final payment hereunder. In the event that activities or costs
are questioned by audit, records shall be retained until all questioned items are
resolved. Contractor shall maintain confidentiality of information relating to specific
consumers by ensuring that: such information is gathered only with the informed
consent of the consumer; such information is used only for the purposes gathered; and
adequate security of records is maintained to prevent unauthorized use. Contractor
shall maintain the confidentiality of protected health information as required by law,
including the consumers individually identifiable health information.
13.2 Accounting Records. Contractor agrees to maintain all records that identify the
source and application of funds for Contract activities, for a period of three years after
final payment hereunder. In the event that activities or costs are questioned by audit,
records shall be retained until all questioned items are resolved. These records shall
comply with the requirements of the Older Americans Act, Colorado Revised Statutes,
Rule Manual Volume 10, and the SUA Policy and Procedure Manual now in effect and
as amended from time to time.
13.3 Contractor Audits. Contractor shall ensure that an annual independent audit is
conducted of Contractor's financial records in accordance with the requirements of OMB
Circular A -133. Contractor shall, upon request, make a copy of the audit available for
review by the Council and /or State Unit on Aging. All activities and costs charged under
the Contract shall be in accordance with the provisions of the Older Americans Act,
Colorado Revised Statutes, Rule Manual Volume 10, and the SUA Policy and
Procedure Manual now in effect and as amended from time to time, including but not
limited to compliance with cost principles set forth in OMB Circulars A -87, A -133 and /or
other Circulars as applicable. Should an audit or other financial review disallow any
reimbursed costs, the disallowed funds shall be returned to the Council or, in the
Council's discretion and to the extent permitted by Federal and State law and
regulations, offset against current or future payments to Contractor. Failure to fulfill
these audit obligations is a breach of the Contract and will subject Contractor to all
remedies available herein and at law, including all funds being due and payable back to
the Council.
13.4 Audits and Inspections. During the Contract period, the retention period, and as
long thereafter as the records are maintained, at any time during normal business hours
Contractor shall make available to the Council, U.S. Department of Health and Human
Services, the State, and the Comptroller General of the United States, or their
authorized representatives, any books, documents, papers or other records of
Contractor with respect to all matters covered by the Contract in order to make audit,
examination, excerpts, and transcripts. Contractor acknowledges that disclosure of
protected health information to Council, U.S. Department of Health and Human
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Services, the State, and the Comptroller General of the United States, or their
authorized representatives, is permitted pursuant to Federal law. Failure to make
records available for inspection within seventy -two (72) hours of notice shall be deemed
a violation of the Contract. Any deficiencies noted in audit reports must be fully cleared
by Contractor within thirty (30) days after receipt of notice by Contractor.
13.5 Additional Plans and Procedures Required. Contractor shall develop and
maintain a Targeting Plan, Emergency Response Plan (as required by State Unit on
Aging Policy Directives), -and confidentiality policies and procedures. These shall be
maintained by Contractor and made available to the Council, State Unit on Aging and /or
their authorized representatives upon request.
13.6 Monitoring and Reporting Program Performance. The activities of Contractor in
providing the services set forth under the Contract shall be monitored by the Council in
accordance with the applicable provisions of 45 CFR Part 74 and 45 CFR Part 92, other
applicable Federal regulations, and the Contract. The Council will monitor all activities of
Contractor to assure that the services being performed are consistent with the Contract
and applicable Federal regulations. Contractor acknowledges that disclosure of
protected health information to Council is permitted pursuant to Federal law.
13.6.1 The Council is accountable to the State for appropriately using funds in the
delivery of services to individuals age 60 or above and other eligible individuals,
and for complying with applicable state and federal laws, policies, audit
requirements, contract requirements and State directives. The State is
authorized by statute to monitor the Council's use and management of these
funds; to oversee its govemance of the human services programs in the
Council's assigned planning and service area; and to review the Council's
compliance with law, policies, audit requirements, contract requirements, and
State policy.
13.7 Reporting Provided by Contractor. The Federal Administration on Aging requires
certain Older Americans Act data to be reported in the National Aging Program
Information System (NAPIS) or in the National Ombudsman Reporting System (NORS).
To assist in the data collection for NAPIS and NORS, the State requires use of software
known as Senior Assistance Management System (SAMS) or OmbudsManager to
collect data on services. Contractor must complete training on SAMS or
OmbudsManager for any personnel who will be accessing the software or performing
the data entry service. Training is available each year.
13.7.1 Performance Reports. Contractor shall submit to the Council monthly client and
service delivery data, on or before the fifteenth (15) day of the month following
the month in which services are provided, throughout the term of the Contract.
The performance reports shall be in a form prescribed by the Council, containing
information required by the Council and in accordance with guidelines issued by
the State of Colorado, the Federal Administration on Aging and
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OmbudsManager. Older Coloradans Act State Funding for Senior Services
performance data shall be reported separately from Older Americans Act
performance data. The Council may withhold Contract payments if Contractor
fails to meet these reporting requirements.
13.7.2 Financial Reports. Contractor shall submit to the Council a monthly fiscal report,
on or before the fifteenth (15) day of the month following the month in which
services are provided, throughout the term of the Contract. The fiscal reports
shall be in a form prescribed by the Council, containing information required by
the Council and in accordance with guidelines issued by the State of Colorado
and the Federal Administration on Aging. Older Coloradans Act State Funding
for Senior Services expenditures shall be reported separately from Older
Americans Act fund expenditures. The Council may withhold Contract payments
should Contractor fail to meet these reporting requirements.
13.7.3 Other Reports. Contractor agrees to submit other reports to Council as
requested by the State or Administration on Aging.
13.8 Performance and Cost Analysis. Contractor shall prepare and submit to the
Council no later than May 15 of the then current calendar year, an evaluation of the
costs /benefits, quality, accessibility, utilization, priority, targeting, and overall
effectiveness of programs, services, and activities which Contractor provides under the
Contract.
14.0 INDEMNIFICATION AND INSURANCE
14.1 Indemnification. To the extent allowable by law, Contractor agrees to indemnify
and hold harmless the Council, its officers, employees, and insurers, from and against
all liability, claims, and demands on account of injury, loss, or damage, including without
limitation claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other loss of any kind whatsoever which arise out of or
are in any manner connected with the Contract, if such injury, loss, or damage is
caused in whole or in part by, or is claimed to be caused in whole or in part by, the act,
omission, error, professional error, mistake, negligence, or other fault of Contractor or
any subcontractor of Contractor or any officer, employee, representative, or agent of
Contractor or any subcontractor of Contractor, or which arise out of any workers'
compensation claim of any employee of Contractor or of any employee of any
subcontractor of Contractor. Contractor agrees to investigate, handle, respond to, and
to provide defense for and defend against, any such liability, claims, or demands at the
sole expense of Contractor. Contractor also agrees to bear all other costs and
expenses related thereto, including court costs and attorney fees, whether or not any
such liability, claims, or demands alleged are groundless, false, or fraudulent.
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 12 1 `�
No term or condition of the Contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions for the parties, of the Colorado Governmental Immunity Act, C.R.S. § 24 -10-
101 et seq. or the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. now in effect and
as amended from time to time. Contractor, by execution of the Contract containing this
indemnification clause, is relying upon and does not waive the operation of any law
concerning Contractor's ability to indemnify.
14.1.1 Limitation of Funds. Notwithstanding any provision contained in the Contract,
Contractor does not by its performance under the Contract irrevocably pledge
present cash reserves for payments in future fiscal years, and the Contract is not
intended to create a multiple - fiscal -year debt on the part of Contractor.
Contractor acknowledges that reimbursements under the Contract are contingent
upon the provision of local match as required.
14.2 Insurance. Contractor agrees to procure and maintain in force during the term of
the Contract the following minimum coverage sufficient to insure against all liability,
claims, demands, and other obligations assumed by Contractor pursuant to
subsection 14.1 of this Section, and to require the same of each subcontractor engaged
by Contractor in connection with the work to be performed for the Council under the
Contract. Such insurance shall be in addition to any other insurance requirements
imposed by the Contract or by law. Contractor shall not be relieved of any liability,
claims, demands, or other obligations assumed pursuant to subsection 14.1 of this
Section by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, durations, or types. Such
coverage shall be procured and maintained with forms and insurers acceptable to the
Council. All coverage shall be continuously maintained through the term of the
Contract. In the case of any claims -made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage for
a period of three (3) years beyond the expiration of the Contract. Evidence of qualified
self- insured status may be substituted for the insurance requirements listed below.
14.2.1 Workers' Compensation. Workers' Compensation insurance to cover obligations
imposed by applicable laws for any employee engaged in the performance of
work under this agreement, and Employers' Liability insurance with minimum
limits of one hundred thousand dollars ($100,000) each accident, five hundred
thousand dollars ($500,000) disease policy limit, and one hundred thousand
dollars ($100,000) disease - each employee. A waiver of subrogation in favor of
the Council shall be provided.
14.2.2 General Liability. General Liability insurance with minimum combined single
limits of one million dollars ($1,000,000) each occurrence and one million dollars
($1,000,000) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations), personal and advertising
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 13 /'5
injury (including coverage for contractual and employee acts), blanket
contractual, products, and completed operations and shall provide for defense of
sexual abuse and molestation claims for innocent insureds. The policy shall
contain a severability of interests provision.
14.2.3 Comprehensive Automobile Liability. Comprehensive Automobile Liability
insurance with minimum combined single limits for bodily injury and property
damage of not Tess than one million dollars ($1,000,000) each occurrence and
one million dollars ($1,000,000) aggregate with respect to each of Contractor's
owned, hired, or non -owned vehicles assigned to or used in performance of the
services.
14.2.4 The policy required by paragraph 14.2.2 above and by paragraph 14.2.3 above
shall be endorsed to include the Council and the Council's officers and
employees as additional insureds. Every policy required above shall be primary
insurance and any insurance carried by the Council, its officers, or its employees
shall be excess and not contributory insurance to that provided by Contractor.
No additional insured endorsement to the policy required by paragraph 14.2.1
shall contain any exclusion for bodily injury or property damage arising from
completed operations. Contractor shall be solely responsible for any deductible
losses under any policy required above.
14.2.5 A certificate of insurance evidencing coverage and naming the Council, its
officers, and its employees as additional insureds on the general liability policy
shall be completed by Contractor's insurance agent as evidence that policies
providing the required coverage, conditions, and minimum limits are in full force
and effect, and shall be reviewed and approved by the Council prior to
commencement of the Contract. In the case of qualified self - insurance status,
the Council may require satisfactory evidence of sufficient funding for such
purposes. The certificate shall identify the Contract and shall provide that
coverage afforded under the policies shall not be cancelled, terminated or
materially changed until at least thirty (30) days prior written notice has been
given to the Council. The completed certificate and /or evidence of qualified self -
insured status must be mailed or delivered with the signed Contract to:
via Mail: Northwest Colorado Council of Governments
PO Box 2308
Silverthorne, Colorado 80498
via Hand - Delivery: Northwest Colorado Council of Governments
249 Warren Avenue, Suite 101
Silverthorne, Colorado
14.2.6 Failure on the part of Contractor to procure or maintain policies providing the
required coverage, conditions, and minimum limits shall constitute a material
breach of the Contract upon which the Council may immediately terminate the
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 14 (/Q
Contract, or at its discretion, the Council may procure or renew any such policy
or any extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by the Council shall be repaid by
Contractor to the Council upon demand, or the Council may offset the cost of the
premiums against any monies due to Contractor from the Council.
14.2.7 The parties hereto understand and agree that the Council is relying on, and does
not waive or intend to waive by any provision of this agreement, the monetary
limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, 24 -10 -101 et. seq., C.R.S., now in effect
and as amended from time to time, or otherwise available to the Council, its
officers, or its employees.
14.2.8 Notwithstanding the above provisions, if Contractor is a governmental entity,
Contractor may elect to self - insure for any of the coverage areas required by
subsections 14.2.1, 14.2.2, and 14.2.3. In such case, Contractor shall maintain a
claims fund that is available solely to pay claims against Contractor that are
proven or otherwise settled by Contractor in its sole discretion. Such claims fund
is intended and available for only those purposes, and is not available or
allocated to fund a commitment or obligation, if any, or to defend or indemnify
any party. Payments out of such funds may require approval by Contractor's
governing body. It is understood and agreed that a commitment by Contractor to
self- insure by the creation of said claims fund does not commit Contractor to
otherwise appropriate funds to fund self - insurance for the Contract or for any
other commitment of Contractor, and it is further understood and agreed that
Contractor has not appropriated funds for such purpose. In case of such election
to self- insure, Contractor shall itself provide the Council with written confirmation
of Contractor's self- insured status and the existence of said claims fund.
15.0 EQUIPMENT SUPPLIES AND SERVICES
15.1 All procurement transactions for supplies, equipment and services shall be
conducted in a manner to provide, to the maximum extent practicable, open and free
competition as provided under 45 CFR, Part 74 now in effect and as amended from time
to time, and shall comply with the provisions of 45 CFR, Part 74. Contractor agrees to
secure written approval from the Council prior to the following transactions:
15.1.1 The purchase of equipment made by Contractor with funds under Older
Americans Act or Older Coloradans Act.
15.1.2 The transfer, sale, or disposal of any equipment or supplies purchased all or in
part with funds under the Older Americans Act or Older Coloradans Act.
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 15 /7
16.0 SUSPENSION OR TERMINATION OF CONTRACT
16.1 Termination of Contract for Cause. If, through any cause, Contractor shall fail to
fulfill in a timely and proper manner Contractor obligations under the Contract, or if
Contractor shall violate any of the covenants, agreements, or stipulations of the
Contract, the Council shall thereupon have the right to terminate the Contract by giving
written notice to Contractor. Notice of termination shall include the reasons for such
termination and the effective date of termination and shall be mailed by Certified Mail,
return receipt requested, at least thirty (30) calendar days prior to the effective date of
termination unless a shorter time is set forth herein for any failure to fulfill Contractor's
obligations.
16.2 Mutual Termination. The parties may choose to terminate the Contract upon
mutual consent with a notice of intent to terminate that includes the effective date and
procedure for termination of the Contract. Termination of the Contract shall be mailed
by Certified Mail, return receipt requested, a minimum of thirty (30) calendar days prior
to the requested effective date of termination or the Contract's renewal term date.
16.3 Termination By Contractor. Contractor may terminate the Contract by written
notice to the Council setting forth the reasons and specifying the effective date for
termination of the Contract. The date of termination of the Contract shall be at least
thirty (30) calendar days after the date of written notice to the Council. Contractor shall
mail the written notice of termination to the Council by Certified Mail, return receipt
requested. Reasons for termination may include circumstances beyond the control of
Contractor. If Contractor terminates a portion of the Contract, the Council, at its option
or if it determines the remaining portion would not accomplish the purposes of the
Contract, may terminate the Contract in its entirety
16.4 Project Material. In the event of termination, all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs, and reports or other
material prepared by Contractor under the Contract shall, at the option of the Council,
become the Council's property, and Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and
other materials.
16.5 Liability. Notwithstanding the above, Contractor shall not be relieved of liability to
the Council for damages sustained by the Council by virtue of any breach of the
Contract by Contractor, and the Council may withhold any payments to Contractor for
the purpose of setoff until such time as the exact amount of damages due the Council
from Contractor is determined.
16.6 Remedies. Where Contractor violates or breaches terms of the Contract, the
Council, at its discretion, may terminate the Contract subject to the provisions
hereinabove stated and, in addition, may institute such administrative, contractual, or
legal remedies available to the Council as may be appropriate. In addition to the
NWCCOG ALPINE AREA AGENCY ON AGING •
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
• 06.30.11 16
corrective actions set forth in subsection 16.7, Council may take one or more of the
following actions, as appropriate in the circumstance:
(i) Temporarily withhold payments pending correction of deficiency by
Contractor.
(ii) Disallow all or part of the cost of the activity or action not in compliance.
(iii) Wholly or partly suspend or terminate the Contract, including suspending
the Contract and services provided under the Contract pending any audit
or other investigation.
(iv) Withhold further Contracts with Contractor.
(v) Take any other remedies that may be legally available.
16.7 Corrective Action. In the event the Council finds that Contractor is failing to
conform to the terms and conditions of the Contract, the Council in its sole discretion,
and in addition to any other remedies it may have, may require that the Contractor
prepare and comply with a corrective action plan by a specific date, and suspend further
payments pending satisfactory compliance by Contractor. Upon issuance of notice to
Contractor and without necessity of an option letter or contract amendment, the Council
shall have the right to retain other contractors and reallocate funds remaining under the
Contract in the event of termination, or failure of Contractor to provide the service units
listed in Exhibit A in accordance with the Contract or a corrective action plan. Nothing in
this subsection shall require that the Council accept a corrective action plan in lieu of
exercising its rights to terminate the Contract.
17.0 Assignability. Contractor shall not assign any interest in the Contract, and shall
not transfer any interest in the same (whether by assignment or novation), without the
prior written consent of the Council thereto; provided, however, that claims for money
due or to become due to Contractor from the Council under the Contract may be
assigned to a bank or other financial institution without such approval. Notice of any
such assignment or transfer shall be furnished to the Council.
18.0 NOTICES
All notices and other communications shall be mailed or delivered to the parties as
follows:
For the Council: Alpine Area Agency on Aging
via Mail: Northwest Colorado Council of Governments
PO Box 2308
Silverthorne, Colorado 80498
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 17
via Hand - Delivery Northwest Colorado Council of Governments
249 Warren Avenue, Suite 101
Silverthorne, Colorado
For Contractor: Pitkin County Senior Services
via Mail: 0275 Castle Creek Road
Aspen, Colorado 81611
via Hand - Delivery 0275 Castle Creek Road
Aspen, Colorado 81611
NOW THEREFORE, with regard to the Contract the Council shall:
a. Monitor and evaluate program performance;
b. Perform program on -site evaluations, as required;
c. Disburse funds in a timely manner, as available;
d. Provide training, technical assistance, and services - related training to
Contractor, as available;
e. Be accountable for the dissemination and implementation of required
policies and procedures to Contractor and applicable subcontracted
service providers within sixty (60) days or within the timeframe as directed
by the State Unit on Aging; and
f. Work cooperatively with Contractor to ensure that Older Americans Act
funds and Older Coloradans Act State Funding for Senior Services are
used appropriately.
By signing this agreement, Contractor represents that its organization and its principals
are not suspended or debarred per Federal requirements.
IN WITNESS WHEREOF, the parties hereto have executed the Contract on the
1 day of July , 2011.
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
ALPINE AREA AGENCY ON AGING [Federal ID No. 84- 0639906]
Authorized Signature
€ c-ZiYCu`D Vv.,r ,3D, o
Title Date
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 18 9,0
'`CON CTOR: P KIN OUNTY SENIOR SERVICES
Path orize Signature _
•
i , 7 % / ///
11e Date
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 1 9
,. 1
SFY'12 ASSURANCE STATEMENTS
34. Will cooperate with NWCCOG- AlpineAAA and the State Unit on Aging and provide YES NO
records for the periodic fiscal and programmatic assessments reviews and comparisons
of service data reported to identify outliers or inconsistencies, to determine possible
causes, and where required develop a plan to correct the issues /causes.
35. The Project Director or authorized representative will attend trainings of service provides YE . NO
held by AlpineAAA or State Unit on Aging.
funds is made citing specific numbers of unit
36. The awarding of Older Americans Act and i mad g p YES NO
of service. It is the expectation of NWCCOG- AlpineAAA that services will be
provided to eligible participants throughout the project year. If the funds of the award
are used up prior to the end of the project year, agency shall use its best efforts to
continue to provide services to eligible participants for the remainder of the project
year.
FISCAL MANAGEMENT REQUIREMENTS
The Proposer complies with and understands the following (please check the appropriate boxes):
37. Affirms that it has qualified accounting personnel or staff or available on contract basis YES NO
that are capable of utilizing double -entry accounting systems including a general ledger, • X . ;
cash receipts journal, cash disbursements journal, in -kind receipts, in -kind
disbursements journal, and general journal. Additionally, agency affirms that individual
payroll records shall be maintained (Staff Rule Manual Volume 10). AlpineAAA shall
conduct on -site fiscal evaluations at least annually (Staff Rule Manual Volume 10).
38. It is understood that all financial obligations of NWCCOG and AlpineAAA are made YES NO
conditional upon funds being appropriated, budgeted, approved or otherwise made
available by the U.S. Department of Health and Human Services, the Colorado X''"
Department of Human Services, and the NWCCOG.
39. Will submit to the NWCCOG- AlpineAAA and the State for prior approval any proposed YES NO
sub- contracts with the proposing agency.
40. Has documented procedures for Determining Voluntary Contribution Suggested Amounts YES NO
for Older Americans Act/State Funds for Senior Services as well as the availability of
supporting documentation in determining the amount(s) for review when requested by
the NWCCOG- AlpineAAA and /or the State Unit on Aging.
• 41. Will ensure that federal funds are not used to replace non - federal funds, and efforts YES NO
to obtain support from private sources and other public organizations will be •
continued. `X;_..
42. Agrees to provide local match in the required amounts and to sustain a local YES NO
maintenance of effort in the amounts and percentages required by the proposal.
This match shall conform to the requirements in Staff Rule Manual Volume 10. 3 .
43. If awarded, agency will not bill /submit for reimbursement or count for service YES NO
delivery "no- shove" consumers of Older Americans Act funded services.
44. Federal funds cannot be used to reimburse costs generated by in -kind contributions. YES NO
• X:
45. Older Americans Act/State Funds for Senior Services funds will not be used to pay YES NO
for services that is offered or covered through other Federal or State programs for
which the consumer may be eligible, such as Medicaid, Medicare, Title xx or other
available federal, state, or local sources
46. Shall not use Older Americans Act/State Funds for Senior Services funds to pay for YES NO
fines or penalties as described in 45 CFR 74, Appendix F.
47. If our organization receives more than $500,000 from federal funding sources, we will YES NO
comply with the audit requirements of OMB Circular A -128 (Audits of State and Local
Governments) or A -133 (Audits of Institutions of Higher Education and Other Non - profit X
Organizations), whichever applies.
Region 12 RFP SfY'12 page 2 of 3
SFY'12 ASSURANCE STATEMENTS
34. Will cooperate with NWCCOG- AlpineAAA and the State Unit on Aging and provide YES NO
records for the periodic fiscal and programmatic assessments reviews and comparisons
of service data reported to identify outliers or inconsistencies, to determine possible a ". `
causes, and where required develop a plan to correct the Issues/causes.
35. The Project Director or authorized representative will attend trainings of service providers Y NO
held by AlpineAAA or State Unit on Aging. z `. ; '` •
36. The awarding of Older Americans Act funds is made citing specific numbers of unity YES NO
of service. It is the expectation of NWCCOG- AlpineAAA that services will be
provided to eligible participants throughout the project year. If the funds of the award
are used up prior to the end of the project year, agency shall use its best efforts to
continue to provide services to eligible participants for the remainder of the project
year.
FISCAL MANAGEMENT REQUIREMENTS
The Proposer complies with and understands the following (please check the appropriate boxes):
37. Affirms that it has qualified accounting personnel or staff or available on contract basis YES NO
that are capable of utilizing double -entry accounting systems including a general ledger,
cash receipts journal, cash disbursements journal, in -kind receipts, in -kind `' ` ` '
disbursements journal, and general journal. Additionally, agency affirms that individual
payroll records shall be maintained (Staff Rule Manual Volume 10). AlpineAAA shall
conduct on -site fiscal evaluations at least annually (Staff Rule Manual Volume 10).
38. It is understood that all financial obligations of NWCCOG and AlpineAAA are made YES NO
conditional upon funds being appropriated, budgeted, approved or otherwise made
available by the U.S. Department of Health and Human Services, the Colorado "
Department of Human Services, and the NWCCOG.
39. Will submit to the NWCCOG- AlpineAAA and the State for prior approval any proposed YES NO
sub - contracts with the proposing agency.
40. Has documented procedures for Determining Voluntary Contribution Suggested Amounts YES NO
for Older Americans Act/State Funds for Senior Services as well as the availability of
supporting documentation in determining the amount(s) for review when requested by
the NWCCOG- AlpineAAA and /or the State Unit on Aging.
41. Will ensure that federal funds are not used to replace non - federal funds, and efforts YES NO
to obtain support from private sources and other public organizations will be
continued. X
42. Agrees to provide local match in the required amounts and to sustain a local YES NO
maintenance of effort in the amounts and percentages required by the proposal.
This match shall conform to the requirements in Staff Rule Manual Volume 10.
43. If awarded, agency will not bill /submit for reimbursement or count for service YES NO
delivery "no- show" consumers of Older Americans Act funded services. X .
44. Federal funds cannot be used to reimburse costs generated by in -kind contributions. YES NO
45. Older Americans Act/State Funds for Senior Services funds will not be used to pay YES NO
for services that is offered or covered through other Federal or State programs for
which the consumer may be eligible, such as Medicaid, Medicare, Title xx or other X ''
available federal, state, or local sources
46. Shall not use Older Americans Act/State Funds for Senior Services funds to pay for Y_ ES NO
fines or penalties as described in 45 CFR 74, Appendix F.
47. If our organization receives more than $500,000 from federal funding sources, we will YES NO
comply with the audit requirements of OMB Circular A -128 (Audits of State and Local
Governments) or A -133 (Audits of Institutions of Higher Education and Other Non - profit X ` .
Organizations), whichever applies. .
Regbnl2 RFPSFY'12 page2of3
• �3
SFY'12 ASSURANCE STATEMENTS
34. Will cooperate with NWCCOG- AlpineAAA and the State Unit on Aging and provide YES NO
records for the periodic fiscal and programmatic assessments reviews and comparisons _
of service data reported to identify outliers or inconsistencies, to determine possible X <,
causes, and where required develop a plan to correct the issues/causes.
35. The Project Director or authorized representative will attend trainings of service providers y NO
held by AlpineAAA or State Unit on Aging.
36. The awarding of Older Americans Act funds is made citing specific numbers of unit YES NO
of service. It is the expectation of NWCCOG- AlpineAAA that services will be
provided to eligible participants throughout the project year. If the funds of the award X .
are used up prior to the end of the project year, agency shall use its best efforts to
continue to provide services to eligible participants for the remainder of the project
year.
FISCAL MANAGEMENT REQUIREMENTS
The Proposer complies with and understands the following (please check the appropriate boxes):
37. Affirms that it has qualified accounting personnel or staff or available on contract basis YES NO
that are capable of utilizing double -entry accounting systems including a general ledger, X f
cash receipts journal, cash disbursements journal, in -kind receipts, in -kind
disbursements journal, and general journal. Additionally, agency affirms that individual
payroll records shall be maintained (Staff Rule Manual Volume 10). AlpineAAA shall
conduct on -site fiscal evaluations at least annually (Staff Rule Manual Volume 10).
38. It is understood that all financial obligations of NWCCOG and AlpineAAA are made YES NO
conditional upon funds being appropriated, budgeted, approved or otherwise made ; ;,
available by the U.S. Department of Health and Human Services, the Colorado
Department of Human Services, and the NWCCOG.
39. Will submit to the NWCCOG- AlpineAAA and the State for prior approval any proposed YES NO
sub- contracts with the proposing agency.
40. Has documented procedures for Determining Voluntary Contribution Suggested Amounts YES NO
for Older Americans Act/State Funds for Senior Services as well as the availability of •
supporting documentation in determining the amount(s) for review when requested by X '' ""
the NWCCOG- AlpineAAA and/or the State Unit on Aging.
41. Will ensure that federal funds are not used to replace non - federal funds, and efforts YES NO
to obtain support from private sources and other public organizations will be
• continued.'
42. Agrees to provide local match in the required amounts and to sustain a local YES NO
maintenance of effort in the amounts and percentages required by the proposal.
This match shall conform to the requirements in Staff Rule Manual Volume 10.
43. If awarded, agency will not bill /submit for reimbursement or count for service YES NO
delivery "no -show' consumers of Older Americans Act funded services. !.X`:
44. Federal funds cannot be used to reimburse costs generated by in -kind contributions. YES NO
X`:
45. Older Americans Act/State Funds for Senior Services funds will not be used to pay YES NO
for services that is offered or covered through other Federal or State programs for
which the consumer may be eligible, such as Medicaid, Medicare, Title xx or other X'
available federal, state, or local sources
46. Shall not use Older Americans Act/State Funds for Senior Services funds to pay for YES NO
fines or penalties as described in 45 CFR 74, Appendix F.
47. If our organization receives more than $500,000 from federal funding sources, we will YES NO
comply with the audit requirements of OMB Circular A -128 (Audits of State and Local
Governments) or A -133 (Audits of Institutions of Higher Education and Other Non- profit ''`'
Organizations), whichever applies.
Regan 12 RFP SFY'12 page 2 of 3
7i
SFY'12 ASSURANCE STATEMENTS
34. Will cooperate with NWCCOG- AlpineAAA and the State Unit on Aging and provide YES NO
records for the periodic fiscal and programmatic assessments reviews and comparisons
of service data reported to identify outliers or inconsistencies, to determine possible x"
causes, and where required develop a plan to correct the issues /causes.
35. The Project Director or authorized representative will attend trainings of service provider E NO
held by AlpineAAA or State Unit on Aging.
36. The awarding of Older Americans Act funds is made citing specific numbers of units ES NO
of service. It is the expectation of NWCCOG- AlpineAAA that services will be
•
provided to eligible participants throughout the project year. If the funds of the award "'' "
are used up prior to the end of the project year, agency shall use its best efforts to
continue to provide services to eligible participants for the remainder of the project
year. •
FISCAL MANAGEMENT REQUIREMENTS
The Proposer complies with and understands the following (please check the appropriate boxes):
37. Affirms that it has qualified accounting personnel or staff or available on contract basis YES NO
that are capable of utilizing double -entry accounting systems including a general ledger,
cash receipts journal, cash disbursements journal, in -kind receipts, in -kind
disbursements journal, and general journal. Additionally, agency affirms that individual
payroll records shall be maintained (Staff Rule Manual Volume 10). AlpineAAA shall
conduct on -site fiscal evaluations at least annually (Staff Rule Manual Volume 10).
38. It is understood that all financial obligations of NWCCOG and AlpineAAA are made YES NO
conditional upon funds being appropriated, budgeted, approved or otherwise made
_ X:.. •
available by the U.S. Department of Health and Human Services, the Colorado
Department of Human Services, and the NWCCOG.
39. Will submit to the NWCCOG- AlpineAAA and the State for prior approval any proposed YES NO
sub - contracts with the proposing agency. •
40. Has documented procedures for Determining Voluntary Contribution Suggested Amounts YES NO
for Older Americans Act/State Funds for Senior Services as well as the availability of
supporting documentation in determining the amount(s) for review when requested by X '' ``'
the NWCCOG- AlpineAAA and /or the State Unit on Aging.
41. Will ensure that federal funds are not used to replace non - federal funds, and efforts YES NO
to obtain support from private sources and other public organizations will be ,
• continued. X
42. Agrees to provide local match in the required amounts and to sustain a local YES NO
maintenance of effort in the amounts and percentages required by the proposal.
This match shall conform to the requirements in Staff Rule Manual Volume 10. X
43. If awarded, agency will not bill/submit for reimbursement or count for service YES NO
delivery "no- show" consumers of Older Americans Act funded services.
x 44. Federal funds cannot be used to reimburse costs generated by in -kind contributions. YES NO
x :_.:
45. Older Americans Act/State Funds for Senior Services funds will not be used to pay YES
for services that is offered or covered through other Federal or State programs for
which the consumer may be eligible, such as Medicaid, Medicare, Title xx or other . . `'
available federal, state, or local sources
46. Shall not use Older Americans Act/State Funds for Senior Services funds to pay for YES NO
fines or penalties as described in 45 CFR 74, Appendix F.
47. If our organization receives more than $500,000 from federal funding sources, we will YES NO
comply with the audit requirements of OMB Circular A -128 (Audits of State and Local
Governments) or A -133 (Audits of Institutions of Higher Education and Other Non - profit "X ` "
Organizations), whichever applies.
Region i2 RFP SFY'12 page 2 of 3
EXHIBIT A
SCOPE OF SERVICES
Contract Number 2012- SFY- PiktinCo
Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined
by the Council, the services described below.
A.1 Service Provision: Care Management, Congregate Meals, Home Delivered
Meals, and Information and Assistance.
A.2 Geographic Area: Pitkin County.
A.3 Services. Contractor shall provide the services described herein at the unit cost for
service specified in the Contract: Service Delivery Objectives and Cost Projections. Prior
written approval from the Council is required if the number of units of service and /or
unduplicated 60+ primary residents listed in this section is more than ten percent (10 %) lower
than listed. This provision shall not alter the maximum funding set forth in the Contract.
CONT' ' FOR:
By:
/11
Authorized Signature Date
t`)'.( CI /
_ 5.::...... )
C�.et�( e_ i t e,L�r �� ✓ r5ok
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 20 9 (6,
EXHIBIT B
COMPLIANCE WITH THE LAW
Contract Number 2012- SFY- PiktinCo
The Council, Contractor, and its agent(s) shall at all times during the contract period be bound
by and strictly adhere to the applicable Federal and State laws, rules, and regulations, now in
effect and as amended from time to time, including but not limited to:
a. Federal Older Americans Act;
http://www.aoa.gov/AoARoot/AoA Programs/OAA/index.aspx
b. Code of Federal Regulation (CFR), Title 45 Public Welfare;
http J /www. gpoaccess.,gov /cfr /retrieve. htm I
c. Matching principles contained in Subpart C of 45 Code of Federal Regulation
(CFR) Part 74 or 45 CFR Part 92;
http://www.gpoaccess.gov/cfr/retrieve,html
d. Older Coloradans Act, Colorado Revised Statute 26 - 11 - 100.1 et seq.;
http / /www.state.co.us /gov dir /leg dir /olls /colorado revised statutes htm
e. Colorado Revised Statutes Title 25 Health and Title 26 Human Services Code;
http: / /wwwstate.co.us /gov dir /Leg dir/ olls /colorado_revised_statutes.htm
f. Colorado Department of Human Services Staff Manual Volume 10 "Services for
the Aging" 12 CCR 2510 -1;
www.colorado gov /CDHS
g. Administration on Aging Fiscal Guide Older Americans Act Titles III and VII;
h. Colorado Legal Assistance Policy and Procedures Manual;
www.colorado.gov /CDHS
i. Colorado Long Term Care Ombudsman Program Policy and Procedures Manual;
www,colorado.gov/CDHS
j. Colorado Long -Term Care Ombudsman Act, Colorado Revised Statute 26 -11.5
et seq;
http: / /www.state.co.us /gov dir/leg_didolls/colorado_revised_statutes.htm
k. Colorado Retail Food Establishment Rules and Regulations;
http://www.cdphe.state.co.us/regulations/
I. Dietary Guidelines for Americans;
http: / /www.cnpp .usda.gov /dietaryguidelines.htm
m. Dietary Reference Intakes (DRIs);
http:// fnic. nal. usda,gov /nal display /index.php? info_ center= 4&tax_ level =2 &tax subject =2
56 &topicid =1342
n. State Unit on Aging Policy and Procedures Manual; and
www.colorado : gov /CDHS
o. State Unit on Aging Policy Directives (f /k/a ASU Memorandums).
www.colorado.goy/CpHS
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 21 9./
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AND SECTION 504 OF THE REHABILITATION ACT OF 1973
Contract Number 2012- SFY- PiktinCo
Contractor HEREBY AGREES to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) and all requirements imposed by or pursuant to Regulations of the U.S. Department of
Health and Human Services (HHS) (45 CFR Part 80) issued pursuant to that title, and to comply
with Section 504 of the Rehabilitation Act of 1973 (Pl. 93 -112) and all requirements imposed
by or pursuant to the Regulations of the HHS (45 CFR Part 84) issued pursuant to the Act, all as
from time to time amended, to the end that, in accordance with Title VI, the Act and Regulations,
no person in the United States shall, on the grounds of race, color, national origin, or non -
qualified handicap, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which Contractor receives Federal
financial assistance from the Council, a recipient of Federal financial assistance from HHS; and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to Contractor by the Council, this assurance shall obligate Contractor, or in
the case of any transfer of such property, any transferee, for the period during which the real
property or structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits. If any
personal property is so provided, this assurance shall obligate Contractor for the period during
which it retains ownership or possession of the property. In all other cases, this assurance shall
obligate Contractor for the period during which the Federal financial assistance is extended to it
by the Council.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to Contractor by the Council, including installment payments after
such date on account of applications for Federal financial assistance which were approved
before such date. Contractor recognizes and agrees that such Federal financial assistance will
be extended in reliance on the representations and agreements made in this assurance, and
that the Council or the United States or both shall have the right to seek judicial enforcement of
this assurance. This assurance is binding on Contractor, its successors, transferees, and
assignees.
CONT R:
By: /C14■C - 7 /I / ///
Aut riz- • - i•natu - , �- Date
''� ° -�► ( c /O )1
A - t rds ai vrars 6
u l
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 22 pic
used to identify the individual, and shall have the meaning given to such term under the Privacy
Rule, including, but not limited to, 45 C.F.R. Section 164.501.
c. "Protected Information" shall mean PHI provided by CE to Associate or
Associate's Agent or created or received by Associate or Associate's Agent on CE's behalf. To
the extent Associate and Associate's Agent is a covered entity under HIPAA and creates or
obtains its own PHI for treatment, payment, and health care operations, Protected Information
under the Contract does not include any PHI created or obtained by Associate or Associate's
Agent as a covered entity and Associate and Associate's Agent shall follow its own policies and
procedures for accounting, access, and amendment of Associate's or Associate's Agent's PHI.
2. Obligations of Associate's Agent.
a. Permitted Uses. Associate's Agent shall not use Protected Information except
for the purpose of performing Associate's Agent's obligations under the Contract and as
permitted under this Addendum. Further, Associate's Agent shall not use Protected Information
in any manner that would constitute a violation of the Privacy Rule if so used by Associate's
Agent, except that Associate's Agent may use Protected Information: (i) for the proper
management and administration of Associate's Agent; (ii) to carry out the legal responsibilities
of Associate's Agent; or (iii) for Data Aggregation purposes for the Health Care Operations of
CE.
b. Permitted Disclosures. Associate's Agent shall not disclose Protected
Information in any manner that would constitute a violation of the Privacy Rule if disclosed by
CE, except that Associate's Agent may disclose Protected Information: (i) in a manner
permitted pursuant to the Contract; (ii) for the proper management and administration of
Associate's Agent; (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's Agent discloses Protected Information to a third
party, Associate's Agent must obtain, prior to making any such disclosure: (i) reasonable
assurances from 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 (ii) an agreement from such third party to
notify Associate's Agent within two business days of any breaches of confidentiality of the
Protected Information, to the extent it has obtained knowledge of such breach.
c. Appropriate Safeguards. Associate's Agent shall implement appropriate
safeguards as are necessary to prevent the use or disclosure of Protected Information other
than as permitted by the Contract. Associate's Agent shall maintain a comprehensive written
information privacy and security program that includes administrative, technical and physical
safeguards appropriate to the size and complexity of the Associate's Agent's operations and the
nature and scope of its activities.
d. Reporting of Improper Use or Disclosure. Associate's Agent shall report to
Associate in writing any use or disclosure of Protected Information other than as provided for by
the Contract within five (5) business days of becoming aware of such use or disclosure.
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 24
e. Third -Partv Beneficiaries. The CE and Associate are identified as third party
beneficiaries with rights of enforcement and indemnification from such subcontractors or agents
in the event of any violation of such Associate's Agent's agreement. Associate shall implement
and maintain sanctions against Associate's Agent that violates such restrictions and conditions
and shall mitigate the effects of any such violation.
f. Access to Protected Information. Associate's Agent shall make Protected
Information maintained by Associate's Agent in 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 Privacy Rule, including, but not
limited to, 45 C.F.R. Section 164.524.
g. Amendment of PHI. Within ten business (10) 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, Associate's Agent shall make such Protected Information available to
CE for amendment and incorporate any such amendment to enable CE to fulfill its obligations
with respect to requests by individuals to amend their PHI under the Privacy Rule, including, but
not limited to, 45 C.F.R. Section 164.526. If any individual requests an amendment of Protected
Information directly from Associate's Agent, Associate's Agent 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's Agent shall be the responsibility of CE.
h. Accounting Rights. Within ten (10) business days of notice by CE of a request
for an accounting of disclosures of Protected Information, Associate's Agent shall make
available to CE the information required to provide an accounting of disclosures to enable CE to
fulfill its obligations under the Privacy Rule, including, but not limited to, 45 C.F.R. Section
164.528. As set forth in, and as limited by, 45 C.F.R. Section 164.528, Associate's Agent shall
not provide an accounting to CE of disclosures:
(i) to carry out treatment, payment or health care operations, as set forth in 45
C.F.R. Section 164.506;
(ii) to individuals of Protected Information about them as set forth in 45 C.F.R.
Section 164.502; (iii) pursuant to an authorization as provided in 45 C.F.R.
Section 164.508;
(iv) to persons involved in the individual's care or other notification purposes as set
forth in 45 C.F.R. Section 164.510;
(v) for national security or intelligence purposes as set forth in 45 C.F.R. Section
164.512(k)(2); (vi) to correctional institutions or law enforcement officials as set
forth in 45 C.F.R. Section 164.512(k)(5);
(vii) incident to a use or disclosure otherwise permitted by the Privacy Rule;
(viii) as part of a limited data set under 45 C.F.R. Section 164.514(e); or
(ix) disclosures prior to April 14, 2003.
Associate's Agent agrees to implement a process that allows for an accounting to
be collected and maintained by Associate's Agent for at least six (6) years prior to the request,
but not before the compliance date of the Privacy Rule. At a minimum, such information shall
include:
(i) the date of disclosure;
(ii) the name of the entity or person who received Protected Information and, if
known, the address of the entity or person;
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 25
(iii) a brief description of Protected Information disclosed; and
(iv) a brief statement of purpose of the disclosure that reasonably informs the
individual of the basis for the disclosure, or a copy of the individual's
authorization, or a copy of the written request for disclosure.
In the event that the request for an accounting is delivered directly to Associate's Agent,
Associate's Agent shall within five (5) business days of the receipt of the request forward it to
CE in writing. It shall be CE's responsibility to prepare and deliver any such accounting
requested. Associate's Agent shall not disclose any Protected Information except as set forth in
Section 2(b) of this Addendum.
i. Governmental Access to Records. Associate's Agent shall 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 compliance with the Privacy Rule. Associate's Agent shall provide to CE a copy of any
Protected Information that Associate's Agent provides to the Secretary concurrently with
providing such Protected Information to the Secretary.
j. Minimum Necessary. Associate's Agent 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 Privacy Rule
including, but not limited to 45 C.F.R. Sections 164.502(b) and 164.514(d).
k. Data Ownership. Associate's Agent acknowledges that Associate's Agent has
no ownership rights with respect to the Protected Information.
Retention of Protected Information. Except upon termination of the Contract as
provided in Section 4(d) of this Addendum, Associate's Agent shall retain all Protected
Information throughout the term of the 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 Agent's Insurance. Associate's Agent shall maintain casualty and
liability 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. Notification of Breach. During the term of the Contract, Associate's Agent shall
notify Agent within twenty -four hours 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's Agent 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.
o. Audits, Inspection and Enforcement. Within ten (10) business days of a written
request by CE, Associate's Agent shall allow CE to conduct a reasonable inspection of the
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 26
•
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's Agent has complied with this Addendum; provided, however, that:
(i) Associate's Agent and CE shall mutually agree in advance upon the scope,
timing and location of such an inspection;
(ii) CE shall protect the confidentiality of all confidential and proprietary information
of Associate's Agent to which CE has access during the course of such
inspection; and
(iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon
by the parties, if requested by Associate's Agent.
The fact that CE inspects, or fails to inspect, or has the right to inspect
Associate's Agent's facilities, systems, books, records, agreements, policies and procedures
does not relieve Associate's Agent of its responsibility to comply with this Addendum, nor does
CE's failure to detect, or detection but failure to notify Associate's Agent or require Associate's
Agent's remediation of any unsatisfactory practices constitute acceptance of such practice or a
waiver of CE's enforcement rights under the Contract.
p. Safeguards During Transmission. Associate's Agent shall be responsible for
using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of
Protected Information transmitted to CE or Associate pursuant to the Contract, in accordance
with the standards and requirements of the Privacy Rule, until such Protected Information is
received by CE or Associate.
q. 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. 164.522, Associate's Agent will restrict the use or
disclosure of an individual's Protected Information, provided Associate's Agent has agreed to
such a restriction. Associate's Agent will not respond directly to an individual's requests to
restrict the use or disclosure of Protected Information or to send all communication of Protected
Information to an alternate address. Associate's Agent 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's Agent.
3. Obligations of Covered Entity (CE).
a. Safeguards During Transmission. CE shall be responsible for using appropriate
safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to
Associate's Agent pursuant to the Contract, in accordance with the standards and requirements
of the Privacy Rule, until such PHI is received by Associate's Agent.
b. Notice of Changes. CE shall provide Associate's Agent with a copy of its notice
of privacy practices produced in accordance with 45 C.F.R. Section 164.520, as well as any
subsequent changes or limitation(s) to such notice, to the extent such changes or limitations
may effect Associate's Agent's use or disclosure of Protected Information. CE shall provide
Associate's Agent with any changes in, or revocation of, permission to use or disclose Protected
Information, to the extent it may affect Associate's Agent's permitted or required uses or
disclosures. To the extent that it may affect Associate's Agent permitted use or disclosure of
PHI, CE shall notify Associate's Agent of any restriction on the use or disclosure of Protected
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 27 3 3
it
Information that CE has agreed to in accordance with 45 C.F.R. Section 164.522. CE may
effectuate any and all such notices of non - private information via posting on CE's web site.
Associate's Agent shall review CE's designated web site for notice of changes to CE's HIPAA
privacy policies and practices on the last day of each calendar quarter.
4. Termination.
a. Material Breach. In addition to any other provisions in the Contract regarding
breach, a breach by Associate's Agent of any provision of this Addendum, as determined by
Associate or CE, shall constitute a material breach of the Contract and shall provide grounds for
immediate termination of the Contract by Associate or CE pursuant to the provisions of the
Contract covering termination for cause, if any.
b. Reasonable Steps to Cure Breach. If Associate or CE knows of a pattern of
activity or practice of Associate's Agent that constitutes a material breach or violation of the
Associate's Agent's obligations under the provisions of this Addendum or another arrangement
and does not terminate the Contract pursuant to Section 4(a), then Associate or CE shall take
reasonable steps to cure such breach or end such violation, as applicable.
If Associate's or CE's efforts to cure such breach or end such violation are
unsuccessful, Associate or CE shall either (i) terminate the Contract, if feasible or (ii) if
termination of the Contract is not feasible, CE shall report Associate's Agent's breach or
violation to the Secretary of the U.S. Department of Health and Human Services.
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 HIPAA, the HIPAA Regulations or other security or privacy laws or (ii) a finding or
stipulation that the other party has violated any standard or requirement of HIPAA, the HIPAA
Regulations or other security or privacy laws is made in any administrative or civil proceeding in
which the party has been joined.
d. Effect of Termination.
(1) Except as provided in paragraph (2) of this subsection (d.), upon
termination of the Contract, for any reason, Associate's Agent shall return or destroy all
Protected Information that Associate's Agent still maintains in any form, and shall retain no
copies of such Protected Information. If Associate's Agent elects to destroy the PHI,
Associate's Agent shall certify in writing to CE that such PHI has been destroyed.
(2) If Associate's Agent believes that returning or destroying the Protected
Information is not feasible, Associate's Agent shall promptly provide CE notice of the conditions
making return or destruction infeasible. Upon mutual agreement of CE and Associate's Agent
that return or destruction of Protected Information is infeasible, Associate's Agent shall continue
to extend the protections of Sections 2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such
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's Agent or any of its subcontractors or agents in the event of any use or
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 28 }
disclosure of Protected Information in violation of the Contract or applicable law.
6. No Waiver of Immunity. No term or condition of the 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 Agent'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's
Agent with the Contract, HIPAA or the HIPAA Regulations will be adequate or satisfactory for
Associate's Agent's own purposes. Associate's Agent is solely responsible for all decisions
made by Associate's Agent 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 HIPAA relating to certification of its security
practices, CE or its authorized agents or contractors, may, at CE's expense, examine
Associate's Agent'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 Agent's security
safeguards comply with HIPAA, the HIPAA Regulations, or this Addendum.
10. Amendment.
II '!, 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 HIPAA, the Privacy Rule, the Final HIPAA Security
regulations at 68 Fed. Reg. 8334 (Feb20, 2003), 45 C.F.R. § 164.314 and other applicable laws
relating to the security or privacy of PHI.
The parties understand and agree that CE and Associate must receive
satisfactory written assurance from Associate's Agent that Associate's Agent will adequately
safeguard all Protected Information.
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 HIPAA, the Privacy Rule, or
other applicable laws.
Associate or CE may terminate the Contract upon thirty (30) days written notice
in the event (i) Associate's Agent does not promptly enter into negotiations to amend the
Contract when requested by CE pursuant to this Section or (ii) Associate's Agent does not enter
into an amendment to the Contract providing assurances regarding the safeguarding of PHI that
CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of HIPAA
and the Privacy Rule.
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 29 tJ
11. Assistance in Litigation or Administrative Proceedings. Associate's Agent shall make
itself available to CE and Associate , at no cost to CE or Associate, up to a maximum of thirty
(30) hours to testify as witnesses, or otherwise in the event of litigation or administrative
proceedings being commenced against Associate, its directors, officers or employees based
upon a claimed violation of HIPAA, the Privacy Rule, or other laws relating to security and
privacy or PHI, except where Associate's Agent is a named adverse party.
12. No Third Party Beneficiaries. Nothing express or implied in the Contract is intended to
confer, nor shall anything herein confer, upon any person other than CE, Associate, Associate's
Agent 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 HIPAA and the Privacy Rule. The parties agree that
any ambiguity in the Contract shall be resolved in favor of a meaning that complies and is
consistent with HIPAA and the Privacy Rule. The Contract supersedes and replaces any
previous separately executed HIPAA addendum between the parties.
14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary,
Associate's Agent's obligations under Section 4(d) ( "Effect of Termination ") and Section 12 ( "No
Third Party Beneficiaries ") shall survive termination of the Contract and shall be enforceable by
Associate or CE as provided herein in the event of such failure to perform or comply by the
Associate's Agent. This Addendum shall remain in effect during the term of the Contract
including any extensions.
15. Representatives and Notice.
a. Representatives. For the purpose of the Contract, the individuals identified
elsewhere in the Contract shall be the representatives of the respective parties. If no
representatives are identified in the Contract, the individuals listed below are hereby designated
as the parties' respective representatives for purposes of the 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.
Business Associate Representative:
via Certified Mail Alpine Area Agency on Aging
Northwest Colorado Council of Governments
PO Box 2308
Silverthorne, Colorado 80498
via Hand - Delivery Northwest Colorado Council of Governments
249 Warren Avenue, Suite 101
Silverthorne, Colorado
For Contractor: Pitkin County Senior Services
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 30 46
via Certified Mail: 0275 Castle Creek Road
Aspen, Colorado 81611
via Hand - Delivery 0275 Castle Creek Road
Aspen, Colorado 81611
CONT CT /I' ///
y: / '
Authorized Signature - Date
C l � ��
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 31 �I'�
EXHIBIT E
E- VERIFY FEDERAL CONTRACTOR RULE
EMPLOYMENT ELIGIBILITY VERIFICATION
Contract Number 2012- SFY- PitkinCo
(a) Definitions. As used in this clause —
Commercially available off -the -shelf (COTS) item —
(1) Means any item of supply that is—
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is
sold in the commercial marketplace;
and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46
U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR
525.1(c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without
mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo
loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count
and, therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986,
who is directly performing work, in the United States, under a contract that is required to include
the clause prescribed at 22.1803. An employee is not considered to be directly performing work
under a contract if the employee —
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish
supplies or services for performance of a prime contractor a subcontract. It includes but is not
limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services
to or for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of
Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If Contractor is not enrolled as a Federal Contractor in E- Verify at time of contract award,
Contractor shall —
(i) Enroll. Enroll as a Federal Contractor in the E- Verify program within 30 calendar
days of contract award;
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
06.30.11 32 38'
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E- Verify
program, begin to use E- Verify to initiate verification of employment eligibility of
all new hires of Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see
paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the
contract, initiate verification within 90 calendar days after date of enrollment or
within 30 calendar days of the employee's assignment to the contract, whichever
date is later (but see paragraph (b)(4) of this section).
(2) If Contractor is enrolled as a Federal Contractor in E- Verify at time of contract award,
Contractor shall use E- Verify to initiate verification of employment eligibility of—
(i) All new employees.
(A) Enrolled 90 calendar days or more. Contractor shall initiate verification of
all new hires of Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see
paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after
enrollment as a Federal Contractor in E- Verify, Contractor shall initiate
verification of all new hires of Contractor, who are working in the United States,
whether or not assigned to the contract, within 3 business days after the date of
hire (but see paragraph (b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the
contract, Contractor shall initiate verification within 90 calendar days after date of
contract award or within 30 days after assignment to the contract, whichever date
is later (but see paragraph (b)(4) of this section).
(3) If Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a
State or local government or the government of a Federally recognized Indian tribe; or a surety
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond, Contractor may choose to verify only employees assigned to the contract,
whether existing employees or new hires. Contractor shall follow the applicable verification
requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new
employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. Contractor may elect to verify all
existing employees hired after November 6, 1986, rather than just those employees assigned to
the contract. Contractor shall initiate verification for each existing employee working in the
United States who was hired after November 6, 1986, within 180 calendar days of—
(i) Enrollment in the E- Verify program; or
(ii) Notification to E- Verify Operations of Contractor's decision to exercise this
option, using the contact information provided in the E- Verify program
Memorandum of Understanding (MOU).
(5) Contractor shall comply, for the period of performance of the Contract, with the
requirements of the E- Verify program MOU.
NWCCOG ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT, PROGRAM OF THE OLDER AMERICANS ACT and /or
PROGRAM OF THE OLDER COLORADANS ACT
• * 06.30.11 33 3f