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NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
ALPINE AREA AGENCY ON AGING
AMENDMENT
PURCHASE OF SERVICES CONTRACT
TITLE III PART B SERVICES OF THE OLDER AMERICANS ACT
THIS PURCHASE OF SERVICES CONTRACT RENEWAL/AMENDMENT is effective the 1st day of July 2006, by and
between Northwest Colorado Council of Governments-Alpine Area Agency on Aging (hereinafter referred to as the
"Council") and Pitkin County Senior Services (hereinafter referred to as the "Subcontractor").
IT IS THE INTENT of the parties to fulfill the mandates of the Older Americans Act and the State Funding for Senior
Services to develop greater capacity and foster the development and implementation of comprehensive and coordinated
systems to secure and maintain maximum independence and dignity for consumers. Therefore, it is the desire of the Council
and Subcontractor to enter into this contract to provide services and programs for consumers in the Region XII Planning and
Service Area.
WHEREAS, the Council and the Subcontractor entered into a Purchase of Services Contract effective January I, 2004
Contract #2004-Pitkin, and subsequent renewal contract effective January 1, 2006, to render and perform Education services.
WHEREAS, the Council is transitioning to a State Fiscal Year award period with the State Unit on Aging that
becomes effective July 2006, the Council and the Subcontractor desire to amend the Purchase of Services Contract as
follows:
1. Term of Contract. The Northwest Colorado Council of Governments-Alpine Area Agency on Aging and
Pitkin County Senior Services desire to adjust the contract term. The amended contract period will be July 1,
2006 through June 30, 2007.
2. Contract Amount:
a. Title III funds - Council hereby agrees to award Title III Part B funds (under the Older Americans Act) up
to, but not exceeding a total of $8,500.00 (Dollars) to Subcontractor for the period beginning July I, 2006
and ending June 30, 2007 for Education services.
Any unexpended Part B funds remaining from the 50% Title III Part B funds allocated to Subcontractor for
the period of January 1 through June 30, 2006, will also be available to Subcontractor for the period of July
1, 2006-June 30, 2007 to render and perform said agreed services and will be in addition to the above
awarded Title III Part B funds.
4. Federal Funds Contingencv: This award and the payment of federal funds pursuant to this contract, whether in
whole or in part, is subject to and contingent upon the continuing availability of Federal funds for the
purposes hereof. In the event that said funds, or any part thereof, become unavailable, as determined by the
State of Colorado, the Council may immediately terminate this contract or amend it accordingly.
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5. Local Match: The parties hereby agree that the contribution from the Subcontractor shall consist oflocal
Cash and In-Kind Match contributions and shall be valued in the combined total sum of $20,450.00 (Dollars)
for the period of July I, 2006 through June 30, 2007.
6. Program Income: Subcontractor's reports will correctly indicate for expenditures of Program Income when
incurred and for Program Income when earned as per Section 10.320.1 of the Colorado Department of Human
Services, Staff Manual Volume 10, effective April I, 2005. Program Income shall also include interest earned
on program income accounts, and shall be reported monthly.
7. Service Deliverv: The Subcontractor will perform and carry out, in a satisfactory an proper manner, and
agrees to provide, at a minimum,
unregistered service- 12 units of Education service to an aggregate count of 1,208 unduplicated
persons.
8. Funds Accountabilitv: The Subcontractor is accountable to the Contractor and to the State Unit On Aging for
using funds obtained through to contract appropriately in the delivery of services for the elderly and other
eligible consumers. Failure to comply shall be grounds for termination of the contract with the Subcontractor.
The Contractor may also refuse to contract with the Subcontractor that breaches its contract with the
Contractor or fails to use or expend contract funds in accordance with applicable laws, policies, and State
directives.
9. References: The Contractor, Subcontractor, and its agent( s) shall at all times during the term of this contract
Amendment, be bound by and strictly adhere to the following Federal and State laws, rules and regulations as
they currently and may hereafter be amended, which documents are incorporated herein to this contract
Amendment by this reference:
a. Federal Older Americans Act; http://www.access.gpo.gov/uscode/title42/chapter3S_.htmI
b. Code of Federal Regulation (CFR), Title 45 Public Welfare:
http://www.hhs.gov/ohrp/humansubjects/guidance/4Scfr46.htm
c. Older Coloradans Act, Colorado Revised Statute 26-11-100.1 et seq.:
http://www.cdhs.state.co.us:8008/CDHS/rule_displaY$.Calling_DisplaySection ?P _ VOL_NUM = 10&P _SEC_NUM =0800
d. Colorado Revised Statutes (CRS), Title 25 Health and Title 26 Human Services:
http://www.state.co.us/gov_dir/leg_dir/olls/HTML/colorado_revised_statutes.htm
e. Colorado Department of Human Services Staff Manual Volume 10 "Services for the Aging"
12 CCR 2510-1; www.ColoradoAging.com
f. Administration on Aging Fiscal Guide Older Americans Act;
g. Colorado Legal Assistance Policy and Procedures Manual; www.ColoradoAging.com
h. Colorado LTC Ombudsman Program Policy and Procedures Manual; www.ColoradoAging.com
1. Colorado Retail Food Establishment Rules and Regulations;
http://www.cdphe.state.co.us/op/ regsl consu mer 11010 19reta i Ifood. pdf
J. Dietary Guidelines for Americans; http://www.health.gov/DietaryGuidelines/
k. Dietary Reference Intakes (DRIs); http://www.nal.usda.gov/fnic/etext/00010S.html
1. State Unit on Aging Policy and Procedures Manual; www.ColoradoAging.com
m. State Unit on Aging Policy Directives (formerly known as ASU Memorandums). www.ColoradoAging.com
10. Reimbursement Method: Subcontractors must invoice the Council on the prescribed forms in accordance with
the State directives at the end of each month for expenses incurred within that month by the 15th day of the
following month of the calendar year during the term of this contract term.
Reporting of each month's service units provided and the number of clients served by the 15th day of the
following month of the calendar year is required to justify the payment or reimbursement of funds. It is
expressly understood that no payment of requested reimbursed funds will be made without the verification of
service delivery for Older Americans Act and State Funds for Senior Services.
11. Recover of Improper Pavments: The Subcontractor shall notify the Council innnediately if they believe they
have received an overpayment or other erroneous or improper payment. The Subcontractor is required to
refund any erroneous or improper payment within 90 days of written demand by the Councilor the State Unit
on Aging.
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12. Conflict ofInterest: Conflict ofInterest shall be defined as a direct official action on a matter in which the
subcontractor or other interested party has the opportunity for substantial fmancial, contractual, or
employment gain. During the term of this contract, the Subcontractor shall not engage in any business of
personal activities or practices or maintain any relationships which conflict in any way with the Subcontractor
fully performing his/her obligations under this contract.
Additionally, the Subcontractor acknowledges that, in contracting where there is the award of federal funds,
even the appearance of a conflict of interest is harmful to the interests of the Council and the State of
Colorado. Thus, the Subcontractor agrees to refrain from any practices, activities or relationships which could
reasonably be considered to be in conflict with the Subcontractor's fully performing his/her obligations to the
Council under the terms of this contract, without the prior written approval of the Council.
In the event that the Subcontractor is uncertain whether the appearance of a conflict of interest may
reasonably exist, the Subcontractor 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.
13. Discrimination: The Subcontractor during the performance of this contract shall:
a. not discriminate against any person on the basis of race, color, national origin, age, sex, religion
and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions.
b. not exclude from participation in, or deny benefits to any eligible consumer with a disability, by
reason of such disability.
14. Assurances:
Programs and Service Delivery-
Background Checks. Subcontractor will conduct criminal background checks for all employees, volunteers,
and agents who have direct contact with elderly consumers according to rule and policy directive described in
Staff Manual Volume 10 and ASU Memorandum 05-15 and may hereafter be amended.
15. Confidentialitv: The Subcontractor shall protect the confidentiality of all records and other materials
containing personally identifYing information, including the consumer's individually identifiable health
information, that are maintained in accordance with this contract. Except as provided by law, no
information in possession of the Subcontractor about any individual consumer shall be disclosed in a
form including identifying information without the prior written consent of the person in interest. The
Subcontractor shall advise its employees, volunteers or agents, if any, that they are subject to these
confidentiality requirements and shall provide its employees, volunteers or agents, if any, with a copy or
written explanation of these confidentiality requirements before access to confidential data is permitted.
16. Standards of Conduct: The Council expects its employees to conduct themselves in a professional and
businesslike manner at all times. This same level of professionalism is implied and also expected in our
working and contractual relationships with outside partners. Subcontractor shall uphold and advance the
integrity, honor, and dignity of their respective organization, the State Unit on Aging, and the Council by:
a. using their knowledge and skill for the enhancement of services and coordinated systems through
cooperation and collaboration;
b. being honest and impartial, serving with fidelity, and acting in the best interest of everyone;
c. demonstrating respect for all people;
d. treating all partners, staff, volunteers, and agents in a civil and courteous manner, not only in public, but
also in all written and oral communications;
e. striving to increase the capabilities, competence, and prestige of the Region XII Planning and Service Area.
Employees, volunteers, or agents of the Subcontractor or of the Council shall avoid any action which might result in
or create the appearance of violating these standards of conduct. Violations of these standards will result in actions
up to and including termination of the contract.
NOW THEREFORE, with regard to this contract Amendment the Council shall:
a. Monitor and evaluate program performance;
b. Perform program on-site evaluations, as required;
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c. Disburse funds in a timely manner, as available;
d. Provide training and technical assistance to Subcontractors, as available;
e. Be accountable for the dissemination and implementation of required policies and procedures to
applicable subcontracted service providers within 60 days or within the timeframe as directed by the
State Unit on Aging; and
f. Work cooperatively with the Subcontractor to ensure that Older Americans Act, State Funds for
Seniors Services and associated local match and local funds are used appropriately.
NOW THEREFORE, Subcontractor agrees to make every effort to serve those older individuals in greatest social and
economic need, with preference given to low-income minority individuals and older residents of rural areas and to maintain
participation of said individuals at least at the estimated levels. Subcontractor further agrees that budget, assurances, service
delivery, service standards, reporting, rules, program policies, State directives, and all other requirements applicable to
providing and delivering the services will be performed as outlined in its One-Year Renewal Application to Council,
effective January 1, 2006.
Any significant changes to the delivery of services or budget as outlined in this contract Amendment shall be submitted to
Council in writing for approval.
Subcontractor also agrees to incorporate any future changes in rules, regulations, standards or policy as published by the
Council and/or the State Unit on Aging into their procedures as they relate to the services provided under this contract
amendment.
NOW THEREFORE, this Amendment shall be attached to and incorporated into the terms and administrative requirements
of the original Purchase of Services Contract, effective January 1, 2004. Except as amended by this Amendment, the terms
and administrative requirements mutually agreed to in the original Purchases of Services Contract and subsequent contract
renewals shall remain in full force and effect.
WHEREOF, the parties hereto have entered and executed this Amendment to be effective as of the 1 st day of July 2006.
Executed by Northwest Colorado Council of Governments-Alpine Area
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