HomeMy WebLinkAboutbocc.res.008.2006
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST COLORADO COUNCIL
OF GOVERNMENTS REGARDING FEDERAL AND STATE SENIOR NUTRITION FUNDING.
Resolution No. ~- 2006
Recitals
I. The Board of County Commissioners of Pitkin County under the authority
granted pursuant to C.R.S. 9 29-1-201 and Article XIV, Section 10 of the Colorado
Constitution is hereby entering into an Intergovernmental Agreement with Northwest
Colorado Council of Governments.
2. The purpose of the Agreement attached as Exhibit A, is to set forth the
respective responsibilities and obligations of the parties relating to the payment of Federal
Title III CI and C2 funds, and State NSIP funds, by Northwest Colorado Council of
Governments to the Pitkin County Senior Services Nutrition Program.
3. The Board of County Commissioners has determined that it is in the best
interest of the citizens of Pitkin County to enter into this Agreement.
NOW THEREFORE, BE IS RESOLVED, by the Board of County
Commissioners that is does hereby approve the Agreement between Pitkin County and
Northwest Colorado Council of Governments and authorizes the Chair to sign an
agreement in substantially the form attached as Exhibit A, as approved by the County
Attorney.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE
II TH DAY OF JANUARY 2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 1ST DAY OF JANUARY 2006.
APPROVED UPON SECOND READING ON THE 25TH DAY OF JANUARY
2006.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES WEEKLY ON THE 5TH DAY OF FEBRUARY 2006.
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Resolution --iId2fJ'if -:;1 Otic'
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ATTEST:
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BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
/?Jf~/"
Michael C. Ireland
Chair
i-06-2/6
Date:
COUNTY MANAGER:
J!.
Hila ith
APPROVED AS TO FORM:
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nty Attorney
~
December 7, 2005
Marty Ames
Pitkin County Senior Services
0275 Castle Creek Road
Aspen, CO 81611
Dear Marty:
This mailing contains two copies of the 2006 Northwest Colorado Council of Governments
Purchase of Services Contract for your organization for the delivery of Nutrition Services. Also
enclosed are examples of the Performance Report, Financial Report, and the Client Data form
referenced in Items 7 and 13 of the Purchase of Services Contract. These forms will be provided
to you in an electronic version in January 2006.
Please have both copies of the Purchases of Services Contract signed by the proper sponsoring
authority for your agency. Keep one complete set for your records and return the other set of to
the Northwest Colorado Council of Governments; Alpine Area Agency on Aging; PO Box 2308;
Silverthorne, CO 80498 office no later than NOON, Friday December 31,2005.
Also enclosed is a 'transition packet' that outlines the transition details and activities that will be
occurring between now and December 31.
In looking ahead, the State Unit on Aging will begin using formal contracts to award funding to
the area agencies on aging effective July I, 2006, and future contracts with area agencies on
aging will be based on the state fiscal year funding period (July I -June 30). Prior to July 1,
2006, providers of Title III services will receive instructions regarding the new process for
revising their 2006 renewal application and moving to the new state fiscal year funding period.
An amended award agreement will then be issued to extend the services agreement for an
additional six (6) months to June 30, 2007.
Thank you for providing this valuable service to seniors in our communities. Please do not
hesitate to give me a call if you have any questions or ifI can be of further assistance as we
approach the transition implementation date of January I, 2006.
!1;:'~
'1: Hammes
AAAA Program Director
enclosures
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NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
ALPINE AREA AGENCY ON AGING
PURCHASE OF SERVICES CONTRACT
TITLE III PART C-I and PART C-2 OF THE OLDER AMERICANS ACT
CONTRACTING AGENCY
Pitkin County Senior Services
CONTRACT #
2006-C-Pitkin
THIS AGREEMENT, entered into and effective this 1" day of January, 2006 by and between the
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS, ALPINE AREA AGENCY ON
AGING (hereinafter called the "Council") and PITKIN COUNTY SENIOR SERVICES (hereinafter
called the "Contractor"), is for the provision of nutrition program services (including information and
assistance, education, outreach, congregate meals, home-delivered meals, nutrition screening, nutrition
education and nutrition counseling), for Older Americans Act/Older Coloradans Act program eligible
persons for their nutrition project.
WITNESSETH:
WHEREAS, the ALPINE AREA AGENCY ON AGING, a division of the Northwest Colorado
Council of Governments, is mandated under the provisions of the Older Americans Act to develop a
comprehensive coordinated service delivery system to help older persons maintain themselves in their
own homes with maximum independence, and, as such, is responsible for applying for and the
administration of the funding received from the Federal Government and from the State of Colorado
for aging services programs under Older Americans Act and/ or State Funding for Senior Services; and
WHEREAS, the Contractor was selected as an Older Americans Act program provider by the Alpine
Area Agency on Aging Regional Advisory Council and the Council following a competitive Request for
Proposal process; and
WHEREAS, the Council desires to engage the Contractor to render nutrition program services
hereinafter described in connection with the undertaking which is expected to be fInanced through the
State of Colorado either in part or fully through Tide III;
WHEREAS, the Contractor warrants that they have staff, knowledge, and skills for the proper and
effIcient provision of nutrition program services for their nutrition project and desires to perform said
services pursuant to said Contract and its Exhibit(s);
NOW, THEREFORE, the parties hereto mutually agree as follows:
It(
A. Council hereby agrees to purchase the provision of congregate meals and home-delivered meals
(includes information and assistance, education, outreach, and nutrition screenings) from Contractor for
the twelve-month period beginning January 1, 2006 and ending December 31, 2006.
B. Council agrees to provide for Contractor's nutrition project nutrition services-related training,
technical assistance, and consultation to ensure adherence to all applicable federal, state, and local
regulations.
C. Council, through a contract with a Registered Dietician/nutritionist, for each nutrition project shall:
1) provide on semiannual basis at each nutrition site nutrition education for program
participants in a group serring that also includes for program participants, primarily those
who through the nutrition screening tool are identified as high nutritional risk, to have
individualized nutrition advice and guidance for improving their nutritional status.
Contractor agrees to collaborate with Council and contracted Registered
Dietician/nutritionist in the scheduling and conducting of the nutrition education;
2) provide monthly nutrition education through a nutrition article or nutrition education
materials that are appropriate to program and program participants. Contractor agrees to
collaborate with Council and contracted Registered Dietician/nutritionist in the
distribution of the nutrition education;
3) visit each nutrition site one time during contract period for on-site review of kitchen,
Congregate Meal Nutrition Site, Home Delivered Meals techniques and to provide
technical assistance & comment on program policies and procedures, Food Safety and
Sanitary Code Compliance, and safe food preparation and quality of nutrition services to
all program participants;
4) provide nutritional counseling to individuals referred to her/him;
5) develop modified, as feasible and appropriate, for identified program participants.
Modified diets must be under the supervision of a Registered Dietician/nutritionist;
6) provide technical assistance to site cook staff with menu cycle development and recipe
nutritional analysis.
D. Council agrees to provide Contractor's nutrition project with menu cycles previously
approved/ certified by the contracted Registered Dietician. Any substitutions from the nutrient-
approved menu(s) shall be documented by Contractor. Contractor further agrees that, through a
contract with a Registered Dietician/nutritionist, any menu cycles will be reviewed or certified by
Registered Dietician/nutritionist to meet nutritional requirements.
E. Contractor agrees to provide, at a minimum:
7,500 congregate meals to a minimum of 170 unduplicated individuals during the Contract period;
and
2,000 home-delivered meals to a minimum of 15 unduplicated individuals during the Contract
period.
Contractor understands that even though this award is made citing specific number of units of
services, it is the expectation that, with this award, services will be provided to Older Americans Act
and Older Coloradans Act eligible participants throughout the contract period. If the funds awarded
should be used up prior to the end of the contract period, Contractor agrees to use its best efforts to
continue to provide congregate meals and home-delivered meals to Older Americans Act and Older
Coloradans Act eligible participants throughout the contract period. The units of service provided
beyond those minimums noted above may be paid for through program income, and/or additional
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local cash and in-kind match.
F. Contractor agrees that Older Americans Act funds, local cash match, and in-kind match will be spent
equally throughout the contract period and in accordance with Federal, State, and Colorado Department
of Human Services' Staff Manual Volume 10 Services for the Aging (12 CCR 2510-1) program and fiscal
regulations. Specifically agreeing to abide by the dollar amounts as shown in the budget by program and
cost categories.
G. Contractor agrees to administer and conduct nutrition screening as required using the State Unit on
Aging's prescribed Colorado Nutrition Screening Tool that is part of the Consumer Information
Assessment Form.
H. Contractor agrees, when purchasing food products with U.S. Department of Agriculture's cash
commodity program funds (hereinafter referred to in this document as "Nutrition Services Incentive
Program"), to purchase only food products that are produced in the United States.
I. Contractor agrees to provide each participating individual a minimum of 33 1/3 percent of the
current daily recommended Recommended Dietary Allowances (RDA), Dietary Guidelines for
Americans published by the Secretary of Health and Human Services and the Secretary of Agriculture
when providing one (1) meal a day.
J. Contractor agrees to adhere to all applicable sanitation, safety, and food safety rules, regulations and
laws governing or affecting the nutrition program services to be rendered under this Contract.
GENERAL PROVISIONS
1.0 GENERAL COMPLIANCE
The Contractor agrees that the nutrition project will be carried out in accordance with program
and fiscal regulations of the Older Americans Act (Tide 42, Chapter 35 et a1) and the Older
Coloradoan's Act (C.R.S. tide 26 Article 11). The Contractor agrees to comply with the
applicable version of the Colorado Department of Human Services' Staff Manual Volume 10
Services for the Aging (12 CCR 2510-1) program rules (hereinafter referred to in this document
as "Volume 1 0"), and related policy guidance provided by the State Gnit on Aging of the State
of Colorado.
The Contract shall also comply with 1) clarifications or guidance issued by the United States
Department of Health & Human Services; 2) the policies and procedures established for
contracts and grants by the State; 3) the terms and conditions of the project application
approved by the Northwest Colorado Council of Governments in making this award of funds;
4) and the requirements found at Code of Federal Regulations 45 CRF, Part 1321; 45 CRF Part
74; 45 CRF Part 92; and 45 CRF Part 95 and/or the applicable Office of Management and
Budget (OMB) Circulars for awards to non-profit organizations and local governments.
The Contractor agrees to incorporate any future changes in policies or conditions of the
Council as they relate to funding awarded or services provided under this Contract.
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2.0 EMPLOYMENT OF CONTRACTOR
Nothing contained in this Contract is intended to, or shall be construed in any manner, as
creating or establishing the relationship employer/ emplo~ree between the parties. Both parties
recognize and agree that PITKIN COUNTY SENIOR SERVICES is an independent
contractor for all purposes, both legal and practical, in perfom-ung services under this Contract,
and that PITKIN COUNTY SENIOR SERVICES and its agents and employees are not agents
or employees of Council for any purpose. The Contractor shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or meclical insurance, and Workers'
Compensation Insurance as the Contractor is an independent contractor of Council.
3.0 PROJECT AREA
The Contractor shall perform all the necessary nutrition program services provided under the
Contract in the nutrition project geographic area herein identified as Pitkin Counry.
4.0 SCOPE OF SERVICES
The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as
determined by the Council, those services as outlined in the proposal submitted by Contractor
and which is attached hereto as Exhibit #1 and made a part hereof.
5.0 TERM OF CONTRACT
The commencement date of the Contract shall be January 01, 2006, and shall be undertaken in
such sequence as to assure completion of all services required hereunder by the Contract by the
termination date of December 31, 2006.
The Council intends to extend the purchase of services from Contractor through an addendum
to this Contract for an adclitional six (6) months to'June 30, 2007, (in accordance with the
Council's approved IS-month nutrition project demonstration and evaluation period) dependent
upon availability of funds and satisfactory performance and compliance by the Contractor.
Contractor agrees to submit to Council in May 2005 updated projections and budget for the
period of July 1, 2006-June 30, 2007.
6.0 COMPENSATION & MATCH
The Contractor agrees to provide services as identified in Exhibit #1 on a cost-incurred basis at
the rate assumed by the Contractor without provision for profit or margin over the cost
assumed.
6.1 The Council agrees to reimburse the Contractor for all eligible nutrition project costs up
to, but not exceeding, the sum of $26,365.00 (Dollars) in Tide III funds.
Due to the Council transitioning to a state fiscal year award period with the State of
Colorado which will become effective July, 2006, the awarded Tide III monies will be
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allocated and available to the Contractor as follows:
a. Title III award monies up to, but not exceeding 50% of the total award
($13,182.00) available to the Contractor for the period of January 1,2006
through June 30, 2006; and
b. the remainder of the Title III award monies to be available to Contractor
after July 1,2006.
This award of Title III monies is subject to the availability of funds to Council from the
State of Colorado, pursuant to the Older Americans Act, as per Item 8.0 FINANCIAL
OBLIGATIONS of the Contract.
6.2 The parties hereby agree that the Nutrition Services Incentive Program payments to
Contractor shall be up to, but not exceeding, the sum of$3,120.00 (Dollars), subject to
the availability of funds to Council from the State of Colorado, pursuant to the cash
commodity payments from the U.S. Department of Agriculture.
6.3 The parties hereby agree that the cash match contribution from the Contractor shall
consist of $43,482.00 (Dollars), and the Contractor's contributed in-kind services match
shall be valued in the sum of $74,189.00 (Dollars) for the term of this Contract.
Supplies, volunteer services, and other contributions shall be valued as described under
Code of Federal Regulations 45 C.F.R. Part 74.50. Such valuation may include wages
and fringe benefits.
7.0 METHOD OF PAYMENT
The Contractor agrees to request reimbursed payment at the end of each month from the
Council for expenses incurred within that month by the 20'h day of the next month of the
calendar year during the term of the Contract. The Contractor shall report the expenditures, the
number of clients served, the units of service provided, the actual project income earned, the
actual project income expended, and (if applicable) expenditures of the Nutrition Services
Incentive Program cash during the reporting period. It is expressly understood and agreed that
in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed
the maximum amount of $29,485.00 (Dollars) for all services rendered under this Contract.
8.0 FINANCIAL OBLIGATIONS
It is agreed by both parties that should the Colorado State Legislature, Colorado Department of
Human Services, U.S Department of Health and Human Services, or U.S. Department of
Agriculture disapprove the Contract or refuse or fail to make these funds and other related
federal and state funds available by appropriation, budget, approval, or otherwise made
unavailable to provide the services specified in this Contract or any funding either in toral or in
part is not forthcoming ro the Council, then this Contract shall be void and shall not be binding
on any parties to the Contract as of such date. The Council and the Contractor are released
from all liability whatsoever and will not be responsible for payment of any costs or expenses
incurred in reliance upon this Contract beyond that amount which has been appropriated and
made available to Council and neither party shall have any further liability hereunder.
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9.0 SUSPENSION OR TERMINATION
9.1 When conditions warrant it, the Council will suspend nutrition project operations
(1) by notifying the recipient in writing,
(2) by stating the reason,
(3) by mentioning conditions of the suspension, and
(4) by indicating the right of the Contractor to appeal this decision to the State Unit on
Aging.
9.2 Termination of Contract for Cause: If, through any cause, the Contractor shall fail to
fulfill in a timely and proper manner their obligations under this Contract, or if the
Contractor shall violate any of the covenants, agreements or stipulations of the Contract,
the Council shall thereupon have the right to terminate this Contract by giving written
notice by Certified Mail, return receipt requested, to the Contractor of such termination,
the reasons and conditions for such termination, and specifying the effective date
thereof, at least thirty (30) calendar days prior to the effective date of termination.
9.3 Mutual Termination: Either party may terminate the Contract upon mutual consent
setting forth in writing a notice of intent to terminate, the effective date and procedures.
Termination of this Contract for reasons other than non-compliance shall be mailed by
Certified Mail, return receipt requested, at least forty (40) calendar days prior to the
requested effective date of termination
9.4 Termination By Contractor: The Contractor, by written notification setting forth the
reasons and specifying the effective date, may terminate this Contract. The termination
of this Contract shall not be effective until at least thirty (30) calendar days after the
Contractor mails to the Council by Certified Mail, return receipt requested, a written
notice of intent to terminate. Reasons for termination may include circumstances beyond
the control of the Contractor. If the Contractor terminates a portion of the Contract,
the Council, at its option, and if it determines the remaining portion would not
accomplish the purposes of the Contract, may terminate the Contract in its entirety.
10.0 ONE-TIME FUNDING
The Contractor understands that this award is made for the period and amounts stated in this
Contract. This Contract in no way implies further funding, which is contingent upon the
availability of funds and approval of future nutrition project applications.
11.0 CONFLICT OF INTEREST
The Contractor agrees with respect to conflicts of interest that is presently has no financial
interest and shall not acquire any 6nancial interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required under this Contract.
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ADMINISTRATIVE REQUIREMENTS
12.0 FINANCIAL MANAGEMENT
12.1 Accounting Standards: The Contractor agrees to adhere to generally accepted
accounting principles and procedures, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
13.0 REPORTING PROVIDED BY CONTRACTOR
13.1 Performance Reports: The Contractor shall submit to the Council monthly client and
service delivery data, due on or before the 20'h day of the next calendar month,
containing information on the forms prescribed by the Council and in accordance with
guidelines issued by the State of Colorado and the Administration on Aging for the
Social Assessment Management Systems (SAMS), throughout the term of this Contract
and shall be in such complete form so that all pertinent information required is
contained herein. State Funding for Senior Services performance data shall be reported
separately from Title III performance data. The Council may withhold Contract
payments should the Contractor fail to meet said requirements.
13.2 Financial Reports: The Contractor shall submit to the Council a monthly fiscal report,
due on or before the 20" of the next calendar month, containing information in a form
prescribed by the Council and in accordance with guidelines issued by the State of
Colorado and the Administration on Aging, throughout the term of this Contract and
shall be in such complete form so that all pertinent information required is contained
herein. State Funding for Senior Services expenditures shall be reported separately from
Title III fund expenditures. The Council may withhold Contract payments should the
Contractor fail to meet said requirements.
13.3 Client Data: The Contractor shall submit monthly to the Council, on or before the 20'h
day of the next calendar month, the Consumer Information Assessment Form (the form
required by the State of Colorado for the Social Assessment Management Systems
[SAMS]) for every eligible congregate and home-delivered meal client that receives
services through either the Older Americans Act or Older Coloradans Act
demonstraring the client's eligibility for services and characteristics of the client. The
Council may withhold Contract payments should the Contractor fail to meet said
requirements.
13.4 Other Reports
The Contractor agrees to submit other reports to Council as requested by the State or
Administration on Aging, specifically:
a. Contractor agrees to submit a copy of on-site inspection reports from the
Colorado Department of Public Health and Environment and copies of any
actions taken to correct any violations cited during the inspection.
b. Contractor agrees to submit a detailed and updated inventory for each nutrition site
of food, supplies, and equipment purchased with Title III funds within thirty (30)
days after the end of the Contract period.
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13.5 Independent Audit Reports: Each Contractor that expends Five Hundred Thousand
Dollars ($500,000.00) or more in a year in Federal fund awards (from all sources) shall
have a single or program-specific audit conducted for that year in accordance with the
provisions in Office of Management and Budget (OMB) Circular A-133. If conducted
on a two-year basis, the required audit shall cover both years. The audit shall be in
compliance with the OMB Circular A-133 which establishes a uniform system of
auditing states, local governments, and non-profit organizations. A copy of OMB
Circular A-133 may be found at the followingwebsite
www.whitehouse.gov/omb/circulars/a133 / a 133.html.
The agency receiving the audit is ultimately responsible for the Schedule of Expenditure
of Federal Awards in the audit report. That agency must assure that the Catalog of
Federal Domestic Assistance (CFDA) grant numbers in each of the categories of
funding received from all sources are reported on separate lines. Except for the
Nutrition Services Incentive Program payments, the amount recorded on the Schedule
of Expenditures of Federal Awards must equal the respective final expenditure reports
submitted to the Council. The federal share of the expenditures reimbursed by the
Council to the Contractor should he reported on the schedule.
Four copies of each required separate independent audit of the Contractor (along with
the four copies of a correction action plan addressing any compliance or management
issues included in the audit) must be submitted to the Council within sixty (60) days of
the completion of such audit.
14.0 RECORDS. AUDITS AND ASSESSMENTS
14.1 Records: The Contractor agrees to maintain and retain all records required by Volume
10 that are pertinent to the activities and provision of services to be funded under this
Contract for the Contract period.
14.2 Accounting Records: The Contractor agrees to maintain such documents and
accounts, which identify adequately the source and application of funds for Contract
activities, including the status of funds within the award, the disposition of all monies
received, and the nature and amount of all charges claimed to be against such funds.
Such documents and accounts shall be maintained for the period provided in Item14.3
below.
14.3 Retention Period: The Contractor until notified in writing by the Council that the
records may be destroyed shall retain all records and documentation association with the
provision services under this Contract.
14.4 Andits and Inspections: Contractor understands that the Contract's fiscal affairs may
be subject to audit. During the Contract, the retention period, and as long thereafter as
the records are maintained, at any time during normal business hours, as often as
deemed necessary, the Colorado Department of Human Services, U.S. Department of
Health and Human Services, the Comptroller General of the United States or any of
their authorized representatives and the State shall have the right of access to any books,
documents, papers, fiscal affairs or other records of the Contractor with respect to all
matters covered by the Contract in order to make audit, examination, excerpts, and
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transcripts. Any deficiencies noted in audit reports must be fully cleared by the
Contractor within thirty (30) days after receipt of notice by the Contractor. Failure of
the Contractor to comply with the above requirements will constitute a violation of this
Contract and may result in the withholding of future payments.
14.5 On-Site Assessments: The Contractor understands that the Council is required to
conduct at least annually comprehensive program and financial on-site assessments of
the activities conducted under this Contract and to monitor on an ongoing basis the
performance standards of nutrition program services and to ensure that the funds made
available by this Contract are expended in keeping with the purposes for which they
were awarded.
If costs are disallowed through audit or assessment, the proportion of Older Americans Act or
State Funding for Senior Services funds disallowed must be returned to the Council or to the
State.
15.0 CONTRIBUTIONS FOR SERVICE
Contractors providing Title III services under this Contract shall provide older persons receiving
such services the opportunity to voluntarily contribute to all or part of the costs of services
provided or received; each individual recipient shall detemllne for themselves what, if anything,
he/she is able to contribute towards the cost of the service. No older person shall be denied an
Older Americans Act or Older Coloradans Act program service because of his/her failure to
contribute to all or part of the cost of such services.
16.0 PROGRAM INCOME
All Program Income shall be reported monthly to the Council on the prescribed fmanciaI
reporting form for that period: this includes program income earned and program income
expended for the reporting period.
16.1 Contractor may use Program Income earned during the contract period for activities
pemlltted under this Contract and shall reduce request for additional funds by the
amount of any such project income balances on hand.
16.2 Carry-over (unexpended program income or "balance on hand") shall also be reported
to the Council as required by the State Unit on Aging. Unexpended Program Income
funds on hand at the date the Contract is terminated shall revert to the Council unless
the Contractor is awarded a purchase of services contract for a succeeding contract
period.
16.3 Earnings and Expenditures of Part C-l and Part C-2 Program Income:
a. All Program Income earned under Title III of the Older Americans Act awards for
congregate meals and home delivered meals shall be accounted for by the additional
costs alternative as described in Code of Federal Regulations 45 CFR Part 74.24 and
shall be added to funds committed to the Contractor's nutrition services project.
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b. All Program Income earned shall only be used to enhance and increase the number
of meals served by the nutrition project. Any other purpose must receive written
approval of the Council.
c. All Program Income earned through Tide III Part C-l and Part C-2 shall be
accounted for separately and deposited into a separate interest bearing account.
Contractors with programs for services to both older individuals under the Older
Americans Act or Older Coloradans Act and other non-aging programs are prohibited
from maintaining one interest-bearing account to serve all programs.
17.0 CHANGES
No modification to this Contract shall be effective unless it is in writing and agreed to and
executed by each of the parties.
If there is any increase or decrease in the amount of Tide III allocations received by the Council,
which direcdy or indirecdy affects Contractor's compensation, Council shall give written notice
thereof to Contractor and said notice and the compensation paid thereunder shall become an
amendment to the Contract.
Contractor agrees to advise Council of needed nutrition project and financial changes in writing
and agrees to await approval from the Council prior to change implementation.
18.0 UNEARNED MONIES
The Contractor understands that, if there is Federal/State cash unearned at the time the
nutrition project is terminated, this amount must be returned to the Council, unless the Council
otherwise stipulates. Conditions for earning Federal/State monies include:
a. Expenditures of funds; and
b. Matching Federal/State monies at the negotiated rate.
c. Contributions (program Income)
All unexpended program income funds on hand at the date the Contract ends shall revert to the
Council, unless the Contractor is awarded a purchase of services contract/renewal for nutrition
program services for a succeeding contract period.
19.0 EOUIPMENT
19. I While equipment purchased prior to January 1, 2006, all or in part with funds under the
Tide III Older Americans Act or State Funding for Senior Services for preparation,
serving, and delivery of meals served at the nutrition site(s) is available to Contractor, the
Contractor agrees to be responsible for all repair and maintenance costs. In the event of
the total un-repairable failure of any item of equipment purchased all or in part with
funds under the Tide III Older Americans Act or State Funding for Senior Services, the
Contractor will replace it with as close as possible equivalent piece of equipment. The
Contractor shall then own this equipment.
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Equipment purchased all or in part with funds under the Older Americans Act or State
Funding for Senior Services is subject to the transfer and equipment management
regulations set forth respectively in Sections 74:136; 74:139; and 74:140 of the Code of
Federal Regulations, Title 45 CRF Part 74.
19.2 The Contractor agrees to secure written approval from the Council before:
a. The purchase of equipment made by the Contractor with Older Americans Act or
State Funding for Senior Services funds.
b. The transfer, sale, or disposal of any equipment or supplies purchased all or in part
with funds under the Older Americans Act or State Funding for Senior Services.
20.0 SUBCONTRACT
The Contractor may subcontract for preparation and delivery of meals served for the nutrition
project during the term of the Contract. If a subcontractor is used, Contractor must monitor the
execution of any subcontract agreement it makes to assure compliance with all applicable Older
Americans Act, Older Coloradans Act, and Volume 10 standards. It is also the responsibility of
the Contractor to ensure its subcontractor is informed of their obligations under this contract
and of all pertinent federal, state, and local regulations relative to food preparation and delivery.
The Council shall be notified in writing prior to any work or services covered by this Contract
that will be subcontracted and also indicate whether the subcontractor is a non-profit or for-
profit entity.
21.0 NON-ASSIGNABILITY
It is understood and agreed that the Contractor shall have no right of assignment under this
Contract.
22.0 OTHER TERMS AND CONDITIONS
22.1 Personnel: All of the nutrition program services required hereunder are to be performed
by staff/volunteers of the Contractor. The Contractor shall be responsible for
employing and directing such personnel and volunteers, as it requires, to perform the
services purchased hereunder. The Contractor shall exercise complete authority over its
personnel and volunteers, and shall be fully responsible for their actions. Such personnel
and volunteers shall not be employees of the Council.
22.2 Oualifications: All of the nutrition program services required herein under will be
performed by the Contractor or under their supervision, and all personnel and
volunteers engaged in work shall be fully qualified and shall be authorized under State
and local law to perform such services.
22.3 Nondiscrimination: Contractor agrees to comply with the letter and spirit of the
Colorado Anti-Discrimination Act, CRS 24-34-401 et seq., as amended, and all
applicable local, state, and federal laws respecting discrimination and unfair employment
practices.
ll/~
22.4 Equal Employment Opportunity /Handicapped: The Contractor agrees to comply
with Executive Order Number 11426 entitled "Equal Employment Opportunity" as
supplemented in the U.S. Department of Labor Code of Federal Regulations Title 41
CFR Part 84 and to execute such provisions as are required. The 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 the U.S. Department of Health and Human
Service Code of Federal Regulations 45 C.F.R. part 84.
23.0 INSURANCE
23.1 PITI<:IN COUNTY SENIOR SERVICES as an independent contractor, acknowledges
that it is not entitled to unemployment insurance benefits from Council, its elected
officials, agents, or any program administered or funded by Council. PITKIN
COUNTY SENIOR SERVICES shall be entitled to unemployment insurance only if
unemployment compensation coverage is provided by PITI<:IN COUNTY SENIOR
SERVICES, or some other entity that is not a party to this Contract.
23.2 Workers Compensation and/or Employer's Liability Insurance must be maintained
in an approved company or companies for all of its employees involved in the
performance of this Contract in accordance with applicable law and regulation.
23.3 General and Automobile liability insurances: The Contractor shall provide general
liability insurance covering all operations under this Agreement; and automobile liability
insurance as required by the State of Colorado for all motor vehicles used in connection
with the services purchased by this Contract, whether owned, non-owned, or hired. Said
liability shall be for the term of the contract.
23.4 Contractor shall provide copies of the Certificates of Insurance of the foregoing
insurances to Council within thirty (30) days from the date of the execution hereof
demonstrating that the aforementioned insurance requirements have been met.
23.5 These policies may not be canceled, terminated, changed or modified during the contract
period without thirty (30) days written notice to the Northwest Colorado Council of
Governments.
24.0 LIABILITY: INDEMNIFICATION
Contractor shall be solely responsible for all its acts and the acts of its agents, employees,
volunteers, and permitted subcontractors while engaged in the performance of the Contract
work. Contractor, personally and for all its heirs, successors or assignees, covenants and agrees
to indemnify and save harmless Council, absolutely and ,vithout limit, against all liability, claims,
demands, suits, judgments, costs or expenses for injury to or death of any person or persons
(including employees, volunteers, or agents of Council or Contractor) and for damage to or loss
of property asserted, made or recovered by any and all persons whomsoever on account of or
resulting from the acts or omissions of Contractor, Contractor's agents, employees, volunteers,
12
,/
1'/
or permitted subcontractors, during the performance of the work herein contracted for.
Similarly Contractor agrees to indemnify Council for loss or damage to any of Council's property
or equipment loaned or used in connection with the work or services to be performed under this
Contract.
25.0 NOTICES
For purposes of the written notices required to be provided, and any such additional written
notices, all such notices be either sent by Certified U.S. Mail, return receipt requested, or hand-
delivered to the parties at the following addresses:
For the Council: Alpine Area Agency on Aging
via Certified Mail:
Northwest Colorado Council of Governments
PO Box 1208
Silverthorne, CO 80498
via Hand-Delivery
Northwest Colorado Council of Governments
249 Warren Avenue
Silverthorne, CO 80498
For the Contractor: Marty Ames
via Certified Mail:
Pitkin County Senior Services
0275 Castle Creek Road
Aspen, CO 81611
via Hand-Delivery
Pitkin County Senior Center
0275 Castle Creek Road
Aspen. CO 81611
WHEREOF, the parties hereto have made and executed this Contract to be effective as of the 1" day
of January 2006.
By:
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
ALPINE AREA AGENCY ON AGING
("COUNCIL")
Date:
rz/~/8)
,
PITKIN COUNTY SENIOR SERVICES
By:
?-
~ ~rCTOR")
Date:
~- 7-06
Please Print Name of Contract Signer
13 /~
PURCHASE OF SERVICES CONTRACT
TITLE III PART C-I and PART C-2 OF THE OLDER AMERICANS ACT
EXHIBIT #1
11
NOV-30-2005 WED 11:30 AM PITKIN CO SENIOR SRVS
FAX NO. 311
p, 02
Part 1. COVER PAGE
Title III, Part C-I & Part C-2
Nutrition Services Meals Proposal
i2-month period ofJanl4ary I, 2006 - December 31, 2006
a. NAME OF APPLICANT AGENCY: Pitkin County Senior Services
b. MAIUNG ADDRESS OF APPUCANT AGENCY: 0275 Castle Creek Road
Aspen. CO 81611
c. NAME and TITLE OF OFFICIAL AUTHORIZED TO SUBMIT PROPOSAL FOR AGENCY:
Martv Ames. Senior Services Director
d. CONTACT PERSON: Martv Ames
(indicate name of person responsible for administering the services program)
e. TELEPHONE: 970-920-5432
(indicate the address and telephone number at which the Contact Person can be reached)
f. E-MAIL ADDRESS: martva@CO.Pitkln_co_us
(indicate the e-mail address for the Contact Person)
g. FAX NUMBER: 97U-920-5708
(indicate the fax number at which the Contact Person can be reached)
It is understood and agreed by the undersigned that, I) funds awarded as a result of the proposal are to
be expended for the pw-poses set forth herein and in accordance with all applicable laws, regulations,
policies, and procedures of the State of Colorado, The Colorado Department of Human Services, the
Administ ion on Aging, and U~S. De artment of Heallh and Human Services, and 2) the funds
awarded as are ult of the pro sal. be terminated at any time for violations of any terms and
requireme IS s eified by aw ,I-:'
-----....... // ,.' .-"
h. - _
SI at erson Au oriz 0 Submit Proposal for Agency (pel'$on namlld in Item c.)
,-
i.
ture of Contact Pe on (person nemed in Item d.)
NWCCOG-Alpine AreZl Agency on Aging
I~
NOV-30-2005 WED 11:30 AM PITKIN CO SENIOR SRVS
FAX NO. 311
p, 03
Part 2. SERVICE PROGRAM INFORMATION
Title III, Part C-I & Part C-2
Nutrition Services Meals Proposal
12-month period of January I, 2006 - December 31, 2006
This document of the propo.al is fonnattcd so that as you type your response below the question, the te"t bo" will
automatically scroll to adjust to the length of your response. Please limit your responses to items a.-<I. to no more than
the equivalent of three g \1," X II" total pages.
a. Describe the fun geographical service area where the proposal applicant will be
prOViding nutrition services meals;
CI meals will be provided to Pilkin County senior residents and visitors over age 60.
C2 meols will be provided to residents of upper Pitkin County including Aspen, Snowmass Village, Woody Creek and the
areas of Pitkin County including and to the east of Aspen Village mobile home park.
I
b. Describe tullv the details of the proposed nutrition services delivery.
Include location and description of nutrition site(s), type of nutrition services meal(s) to be
provided (congregate/home delivered), indicate the number of days per week each nutrition
site will serve meals, the type of complete meal service (breakfast, lunch, supper) at each
nutrition site, and the meal hours for each nutrition services' meal service.
The meal site is located in the fully accessible Pilkin County Senior Center located at 0275 Castle Creek Road. Aspen, CO
8 Hi II. C I and C2 fresh hot lunches are prepared at the meal site 3 days per week, M-W -P. The kitchen is equipped with
commercial appliances and is inspected twice each year by the Pitkin County Environmental health Department. Lunche.
meet and typically e"ceed Volume 10 nUllltlonal requirements and AASD Guidelines. The dining room oflbe senior center
Seats 70 with permanent sealing; additional tables and cIl.airs may be set up in the adjacent exercise foam as ne""ed up to .
capacity of96. Lunch service begins atl2 noon, and participantJI are requested to arrive by 12:30. Free wheelchair accessible
van transportation is provided on meal days for CI paniclpants. Office staffrecruil:l C2 volunteers. C2 meals are assigned to
volunteers according to geographical ~outes to insure timely delivery. and transported in insulated containers. -
c. Describe the proposal applicant's orgaii"iiational structure, the placement of the nutrition
servic8s meals program in applicant's organization, and the staffing for nutrition servic8li
program.
Pitkin County Senior Services h.. been an established department of Pitkin County government since the early 1970's. The
nutrition program has been central to the organization of senior services in Pitkin County. It Is the focal point .round which
many other programs are scheduled. The community perceives it as an important senior program for health, social and
educational reasons. Food service sraffing Includes a cook/kitchen manager at (.675 FTE) and an assistant cook al (.375) per
week. Our office staff (.20 FTE) provides .upervision. support, SAMS reporting, additional accoentability functions.
recruitment of volunteers for dinin. room set-up and clean-up, and assisting in the kitchen when needcd.
d. If resources are not available to serve all eligible individuals requesting congregate or
home-delivered meals, describe below how preference will be glvlln to those of
greatest social or economic need, particularly individuala who are 'rail, homebound by
reasons of iIlnen or incapacitating disability or otherwise isolated,
We have not to date e"perienced the problems a"ociated with limited resources in our nutrition prollram. If the situation
aris.. in the future, we would tirs! seek local assistance to increase our ability to provide services. Failing that, we would give
preference to those with the greatest need as determined by health and disability issuo., economic and social needs. This
would be d<llennined by a combination of stsffknowledge, client intake oards and referrals from health professionals.
..
NWCCOG.Alpln. Ar.. Agency on Aging
Page 1 of 1
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Part 3. SERVICE DELIVERY OBJECTIVES
TITLE III, Part C-l & Part C- 2 Nutrition Services Meals Proposal 1l-},(o11fh Period ofJonuory 1-December 31. 2006
PROPOSAL APPLICANT'S ESTIMATED UNITS OF SERVICE DELIVERY and REGISTERED CLIENTS
C-1 Estimates
Total ToIalUn<JL,> Toaal Undup, tkld.up. LOIIN- Total Undup.
Name vi Conareaate Nutrilion Site Locations UrIiIsSefYD ClenIs Low-Inoome Income Alfiorjy -
Prtkin Countv Serio. Center - Asven 7500 170
Tolal Eo'mated C-l Regis\ered CUenb 7500 170 0 0 0
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Total TotaIUndUp. TotaIUnliJp. Undup low- T oIaIUndup.
Name of Home--OeJivered NuWion Site locations l.Jnb Service Olents t.o.o-"oome Irrcome Mihorily Ruml
P,:.4:.i.. Cou.rtu $....;.,.... u.^1u-- ~"SllUl 2.000 15
Total Esllmated C-2 Registered cnenlsl 2000 15 0 0 0
Estimates
TQWIs .,." ....dup To1al8 Und"up T..... undup. ToIab.Undllp
lInilsSeMa Clienls lo.-""""" Low-Inc. Mi'Klril) Rural
Total C-1&C-2 Estimated Units and Clients 9500 185 0 0 0
AgMcr on Aging
tlWCCOG-AfpineAm3
C-2
i:
Part 4. SERVICES EXPENDITURE BUDGET
TITLE III, Parts C 1 & C2 Nutrition Services Meals Proposal i2-Month Period a[January i-D,cemb,dl 2006
TRANSFER OF FUNDS
Allocation Amount
Transfer
Request
Revl.ed
Allocation Amount
PART C-1 ALLOCATION
PART C-2 ALLOCATION
$
$
14,842 $
11,523 $
$
$
14,842
11,523
PART C-1 (Congregate) NUTRITION SERVICES BUDGET
Service Costs Cost Projections by Funding Source
Federal Tltlelll C~1 Program Income Local Cash In..l(ind Total Una Ihtm Budget
Line Item Description Budget Amounts Budget Amounts Budget Amounts Budget Amounts NSIP C~t
space and utilities 66.389 $ 66,389
office labor support MB (.20 FTE) 8.000 $ 8,000
equipment 1.000 $ 1,000
kitchen manager labor (80%) 14.842 10.354 $ 25,196
kitchen mgr fringe (health & fit/well) 4.724 $ 4,724
kitchen assistant labor (BO%) I 9.000 1.890 $ 10,890
kitchen assistant fringe (fitlwellness) 600 $ 600
raw food purchases (80%) 11.000 11,215 2,585 $ 24,800
non~food supplies (80%) 3,200 $ 3,200
volunteers (15 hrs/wk @ $1 Othr) 4,680 $ 4,680
$ -
$ -
$ -
$ -
Total Projected C-1 Budge
(Total of Fed_Tille III column reflects an
Transfer Raquast $ 14,842 $ 20,000 $ 40.983 $ 71,069 $ 2.585 $ 149,479
PART C-2 (Home-Delivered) NUTRITION SERVICES BUDGET
Service Costs Cost Projections by Funding Source
Federal Title 111 C-2 Program Income Local Cash In-Kind Total Uneltem Budge'
Line Item Description Budget Amounts Budget Amounts Budget Amounts Budget Amounts NSIP Cost
kitchen mgr labor (20%) 6,000 299 $ 6.299
kitchen assistant labor (20%) 2.000 723 $ 2.723
raw food purchases (20%) 5,523 677 535 $ 6.735
non-food supplies (20%) 800 $ 800
volunteers (6 hrs/wk@ $10/hr) 3.120 $ 3.120
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total Projected C-2 Budge
(Total of Fed.Title III column reflects an
Transfer Request) $ 11.523 $ 2,000 $ 2,499 $ 3.120 $ 535 $ 19.677
OTAl C-1 & C-2 BUDGET $
26,365 $
22,000 $
43,482 $
74,189 $
3,120 $
169,156
NWCCOG-Alpine Area Agency on Aging
~I
NOV-30-2005 WED 11 31 AM PITKIN CO SENIOR SRVS FAX N0. 311 P, 06
Part 5. STATEMElvTS OF UNnERSTANDYNG
Title YYY, Part C-1 & Part C-2
Nutrition Services Meals Proposal
12-mvnlh period of'.Iunuary 1, 2006 -December 31, 2006
NAME OF ORGANIZATION: Pitkin County Senior Services DATE: 11/Z9/05
a. Do you agree that all individuals age 60 and older shalt be eligible for nutrition services? YES NO
X
b. Do you understand that all targeting factors shall be considered to prioritize delivery of YES NO
nutrition services in compliance with Title III rules: X
That, to the maximum extent feasible, preference and priority in the delivery of nutrition
services shall be given to older persons with the greatest social or economic need with
particular attention to low-income minority individuals and individuals who are frail,
homebound by reason of illness or incapacitating disability or otherwise isolated as defined
below:
•The need caused by non-economic factors which include physical and mental disabilities,
language barriers, and cultural, social, or geographical (rural) isolation including that
caused by racial or ethnic status which restricts an individual's ability to perform normal
daily tasks or which threatens such individual's capacity to live independently.
•The need resultin from an income level at or below the Federal overt levels.
c. Do you agree to establish and develop a waiting list for nutrition services that will be YES NO
maintained and made readily available for review by the NWCCOG-Area Agency on Aging X
and/or the State Unit on A in ?
d. Do you agree to maintain the confdentiality of protected health information, including the YES NO
consumer's individually identifiable health information, and ensure that no information about X
an eli ible consumer is disclosed without the informed written consent of the consumer?
e. Do you agree, with the consent of the older person/or his or her legal representative, to bring YES NO
to the attention of appropriate officials for follow-up, conditions or circumstances which place X
the older ersvn, yr the household of the older erson in imminent don er?
f. Do you agree that all nutrition sites will meet with the regulatory compliance of The Colorado YES NO
Department of Public Health and Environment's (GDPHE's) "Colorado Retail Food X
Establishments Rules and Regulations (6 CCR 1010-2)?
If a nutrition site has a variance from the CDPHE. please include and attached copies of both the
variance request and the approval or denial from the CDPNt= with your completed proposal
a lication tv the NWCCOG-AI ine Area A enc on A in .
9. Do you agree to use the standardized Consumer Infcrmation and Assessment Form for YES NO
intake eligibility determination and conducting assessments for consumers that receive X
con r ate and home delivered meals throu h the Older Americans Act?
ih. Do you agree to provide each eligible meal consumer with an opportunity to contribute YES NO
voluntarily to the cost of the service and to have procedures that provide for responsible and X
safe uarded collection while ensurin the anon mit of the client?
i. Do you agree that no eligible meal consumer shall be denied service because of a decision YES NO
not to contribute, or because of a decision to not complete the Consumer Information and X
Assessment Form?
J. Do you agree to establish procedure(s) to ensure that non-eligible recipient fees for nutrition YE5 NO
services are diligently collected, handled and safeguarded? X
k. Do you agree to work cooperatively with the contracted Registered Dietician for the YES NO
NWCCOG-Alpine Area Agency on Aging on specific registered dietician responsibilities and X
gxpertigg regarding nutrition services delive.,, including but not limited to menu cycle
development, modified diets, nutrition screening, nutrition education, and nutrition
f counseling, f
`
NWCCOG-Alpine Area Agency on Aging Page 1 of 2
NOV-30-2005 WED 11 31 AM PITKIN CO SENIOR SRUS FAX N0. 311
mar,-tl- s_ cTATFMFNTS of UNDERSTANDXNG
P, 07
1. Do you agree to have an estab{ished complaint and appeals procedures and that you will YES NO
inform applicants to, or consumers of, nutrition services of their right to complain and to X
receive a written res onse at the nutrition services rovider level?
r'n. Do you agree to inform consumers of their grievance rights and their right to request and YES NO
receive an informal hearing at the nutrition services provider level? X
n. Do you agree to conduct criminal background checks for all employees, volunteers, and YES NO
contractors who have direct contact with consumers through directly providing Home ~
Delivered Meals?
v. Do you agree to submit aN required regular monthly and/or quarterly financial and YES NO
program/performance reports? X
p. Do you agree to provide expense detail and include supporting documentation that YES NO
validates services were actually provided with reimbursement requests to the X
NWCCOG-AI ine Area A enc on A in ?
q. po you agree to not bill/submit for reimbursement or count for service delivery "no-show YES NO
consumers of services"? X
r. Oo you agree to assist the NWCCOG-Alpine Area Agency on Aging with the State Unit YES NO
on Aging's scheduled reviews and comparisons of service data reported to identify i X
outliers or inconsistencies, to determine passible causes, and where required develop a
Ian to correct the issues/causes?
s. Do you agree t4 permit audits of alt records of the nutrition services program to be made Y1=S N0
by Federal Auditors or Representatives of the State Unit on Aging or the NWCCOG- X
AI ine Area A enc on A in ?
t. Do you agree, where feasible and appropriate, to make arrangements for the availability of YES NO
nutrition services to older persons in weather related emergencies or other emergency X
situations?
u. Where will the program income funds for the nutrition services be deposited?
WELLS CARGO BANK ACCOUNT #6101200380
v. Who will be authorized to withdraw funds? (Name and Title)
MARTY AMES, SENIOR SERY1ClrS DiRECTOIR, AND A PTTKIN COUNTY FINANCE I7CL1rGAT1:
The unde 'gned rtify that they hav ~ ad and understand the questions above and indicated whether
they agree t ide y all the s tl regulations of the NWCCOG-Alpine Area Agency on Aging.
W. / /~~
Signature of t~antact
A rized~to` bmit Proposal forAgency(person named in Cover Page-Item c.)
~ .: -~~
tJWCCOG•Alpine Area Agency on Aging
(person named
Page-Item d.}
page 2 of 2