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HomeMy WebLinkAboutC09-226 Aging and Adult ServicesPURCHASE OF SERVICE5 CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES CONTRACTING AGENCY Eagle County Aging and Adult Services CONTRACT # SFY`10-SFSS-EagleCo THIS AGREEMENT, entered into and effective this 1st day of July, 2009 by and between the NORTHWEST COLORADO COUNCIL OF GOVERNMENTS, ALPINE AREA AGENCY ON AGING (hereinafter called the "Council") and Eagle County Aging and Adult Services (hereinafter called the "Contractor"), is for the provision of State Funds For Senior Services program services (including information and assistance and outreach), for Older Americans Act/Older Coloradans Act program eligible persons. WITNESSETH: WHEREAS, the ALPINE AREA AGENCY ON AGING, a division of the Northwest Colorado Council of Governments (Council), 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 State of Colorado for aging services programs under Older Coloradans Act State Funding for Senior Services; and WHEREAS, the Council is responsible for the administration of funding received from the State of Colorado for aging service programs under the Older Americans Act and the Older Coloradan's Act. WHEREAS, in order to provide services under Region XII's four-year planning & service area aging plan, the Council desires to engage the Subcontractor to provide said described services pursuant to the Older Americans Act/Older Coloradans Act requirements which is expected to be financed through the State of Colorado through State Funds for Senior Services; WHEREAS, the Contractor was selected as a service provider bythe Alpine Area Agency on Aging Regional Advisory Council and the Council following a Request for Proposal process; and WHEREAS, the Council desires to engage the Contractor to render 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 State Funds For Senior Services; WHEREAS, the Contractor warrants that they have staff, knowledge, skills, and expertise for the proper and efficient provision of services to older adults and/or their caregivers and desires to perform said services pursuant to said Contract and its Attachment(s) and Exhibit(s); NOW, THEREFORE, the parties hereto mutuallyagree as follows: A. Amendment 54. Sole Source Contracts and Campaign Contributions. On or after December 31, 2008, and to the extent this contract maybe construed to be a "sole source government contract" within the meaning of sections 15 through 17 of Article XXVIII of the Colorado Constitution the requirements and limitations of such constitutional provisions are hereby incorporated into this contract. If during the term of the contract, Contractor has entered into or holds sole source government contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution which including this contract cumulatively equals or exceeds more than $100,000.00 in a calendar year then the following provisions apply: D'~I n PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES 1. Without limitation, and as required by said Sections 15 and 17, the contract holder shall, for the duration of this contract and for two years thereafter, cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or, her immediate family and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. 2. Contractor represents that contractor has not previously made or caused to be made, and will not in the fixture make or cause to be made, any contribution intended to promote or influence the result of a ballot issue related to the subject matter of this contract; and 3. If the Contractor intentionally violates Sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages the Contractor shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. B. Period of Performance. Council hereby agrees to purchase the provision of direct program services (includes information and assistance and outreach) from Contractor for the twelve-month period beginning July 1, 2009 and ending June 30, 2010. C. Contract Amount: Council hereby agrees to award State Funds For Senior Services fiords under the Older Coloradans Act up to but not exceeding a combined total of $19,500.00 (Dollars) to Contractor for said direct program services as detailed in attached Exhibit #1 for the period of performance. Compensation. The Subcontractor agrees to provide services as described in attached Exhibit #1 on a cost- incurred basis at the rate assumed by the Subcontractor without provision for profit or margin over the cost assumed. Such valuation shall include wages and fringe benefits. Specifically Subcontractor agrees to abide by the dollar amounts as shown in the budget by description and cost categories. This award of State Funds For Senior Services monies is subject to the availability of funds to Council from the State of Colorado as per Item 11.0 FINANCIAL OBLIGATIONS of the Contract. D. Service Delivery: For the period of performance the Contractor will perform and carry out, in a satisfactory an proper manner, and agrees to provide the said direct services, as detailed in attached Exhibit #1. Outreach Efforts: Per Older Americans Act Sec. 306(a), AREA PLANS, Item (4)(B)(i) the area agency on aging shall ensure that outreach efforts are conducted throughout the planning and service area to identify older persons and to inform them of the availability of services. 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 the program services to Older Americans Act and Older Coloradans Act eligible participants throughout the contract period. The units of service provided beyond those minimums noted above maybe paid for through program income, and/or additional local cash and in-kind match. E. Older Coloradans Act Funds Contingency: This award and the payment of state funds pursuant to this contract, whether in whole or in part, is subject to and contingent upon the continuing availability of State 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. F. Local Match: The parties hereby agree that the local match contribution from the Contractor for the contract period of performance shall consist of local non-Federal Cash and local non-Federal In-Kind contributions at the dollar value detailed in attached Exhibit #1. Donated supplies, volunteered time, use of facilities, and other donated 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. G. Program Income: For the period of performance Contractor shall report program income for each awarded direct service. The "first in -first out" rule applies to program income so that program income funds are not to remain unspent. Contractor's reports shall correctly indicate for receipt of Program Income when earned and expenditures of Program Income when incurred as per Section 10.320.1 of the Colorado Department of Human PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES Services, Staff Manual Volume 10, effective April 1, 2005. Program Income shall also include interest earned on program income accounts, and shall be reported monthly. H. Contractor agrees that State Funds For Senior Services funds, local cash and in-kind match will be spent equally throughout the contract period of performance 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. REFERENCES The Council, Contractor, and its agent(s) shall at all times doting the contract period be bound by and strictly adhere to the following Federal and State laws, rules, and regulations as theyctirrentlyand mayhereafter be amended, which documents are incorporated herein to this contract bythis reference: a. Federal Older Americans Act; http•//www access gpo aov/uscode/title42/chapter35 html b. Code of Federal Regulation (CFR), Title 45 Public Welfare; httn•//www hhs aov/ohro/humansubiects/guidance/45cfr46 htm c. Matching principles contained in Subpart C of 45 Code of Federal Regulation (CFR) Part 74 or 45 CFR Part 92; d. Older Coloradans Act, Colorado Revised Statute 26-11-100.1 et seq.; htto•//www cdhs state co us•8008/CDHS/rule display$ Calling DisplaySection~P VOL NUM=10&P SEC NUM=0800 e. Colorado Revised Statutes (CRS), Title 25 Health and Title 26 Human Services; htta•//www state co us/gov dir/lea dir/olls/HTMUcolorado revised statutes.htm f. Colorado Department of Human Services Staff Manual Volume 10 "Services for the Aging" 12 CCR 2510-1; www. ColoradoAging.com g. Administration on Aging Fiscal Guide Older Americans Act; h. Colorado Legal Assistance Policy and Procedures Manual; www.ColoradoAaing.com i. Colorado LTC Ombudsman Program Policy and Procedures Manual; www.ColoradoAging.com j. Colorado Retail Food Establishment Rules and Regulations; http://www.cdphe.state.co.us/op/regs/consumer/101019retaiifood. pdf k. Dietary Guidelines for Americans; http://www.health.gov/DietaryGuidelines/ 1. Dietary Reference Intakes (DRIs); http://www.nal.usda.gov/fnic/etext/000105.html m. State Unit on Aging Policy and Procedures Manual; www.ColoradoAging.com n. State Unit on Aging Policy Directives. www.ColoradoAging.com GENERAL PROVISIONS 1.0 FUNDS ACCOUNTABILITY The Council is accountable to the State for using funds obtained through its. contract with the State Unit on Aging appropriately in the delivery of services for the elderly and other eligible consumers, and for complying with applicable state and federal laws, policies, audit requirements, contract requirements and State directives. Through this Contract, the Contractor is accountable to the Council 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 complyshall be grounds for termination of the contract with the Contractor. The Council may also refuse to contract with the Contractor that breaches its contract with the Council or fails to use or expend contract funds in accordance with applicable laws, policies, and State directives. 2.0 GENERAL REQUIREMENTS 2.1 Compliance with the Law, Contractor must complywith Federal, State, and local laws, rules, regulations, standards and contractual requirements applicable to providing the contracted service(s), including, but not limited to, compliance with non-discrimination and equal opportunity during the performance of this Contract. 2.2 Compliance with Service Standards. The Contractor agrees that the provision of program services will be carried out in accordance with program and fiscal regulations of the Older Americans Act (Title 42, Chapter 35 et al) and the Older Coloradoan's Act (C.RS. title 26 Article 11). The PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES Contractor agrees to complywith 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 10"), and related policy guidance provided bythe State Unit on Aging of the State of Colorado. The Contract shall also complywith 1) clarifications or guidance issued bythe United States Department of Health & Human Services; 2) the policies and procedures established for contracts and grants bythe State; 3) the terms and conditions of the project application approved bythe Northwest Colorado Council of Governments in maldng 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. 2.3 Service Eligibility. Eligibilityfor services is controlled bylaws acid regulations relating to the Older Americans Act (OAA) and Older Coloradans Act (OCA). In general, persons 60 years of age or older are eligible for OAA/OCA services. Contractor must complywith eligibility criteria. A means test may not be utilized to determine eligibility for 0AA/OCA services. Service may not be denied to a consumer, based on their willingness or abilityto contribute toward the cost of the service. Contractor agrees to incorporate any future changes in rules, regulations, standards, policy or conditions as published bythe Council and/or the State Unit on Aging into their procedures as theyrelaxe to funding awarded or services provided under this Contract. 3.0 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/employee between the parties. Both parties recognize and agree that Eagle County Aging and Adult Services is an independent contractor for all purposes, both legal and practical, in performing services under this Contract, and that Eagle County Aging and Adult Services and its agents and employees are not agents or employees of Council for anypurpose. The Council shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the Contractor is an independent contractor of Council. 4.0 SCOPE OF SERVICES The Contractor shall do, perform, and carryout, in a satisfactoryand proper manner, as determined bythe 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 term of a contract is awarded fora 12-month period that is based on the State Fiscal Year: Julyto June. The commencement date of the Contract shall be July 1 and shall be undertaken in such sequence to assure completion of all program services required hereunder bythe Contract bythe termination date of June 30. The Contractor understands that this award is made for the period of performance and contract amount stated in this Contract. This Contract in no way implies further funding. Anyrenewal of the provision of program services for subsequent fiscal year(s) bythe Council is contingent upon the availability of funding, satisfactoryperfonm~ance of services, compliance with provisions of the awarded contract, and mutual agreement by both parties. Exercising a renewal contract for the provision of said program services bythe Council would be done bythe execution of an Option Letter between the parties. Any option to renew shall not exceed three (3) consecutive renewal contract terms. PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES 6.0 COMPENSATION The Contractor agrees to provide services as identified in Exhibit # 1 on acost-incurred basis at the rate assumed bythe Contractor without provision for profit or margin over the cost assumed. 6.1 The Council agrees to reimburse the Contractor for all eligible program service delivery costs up to, but not exceeding, the combined total sum of State Funds For Senior Services funds dollars identified in Contract Amount. 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 bythe 15~ 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 during the reporting period. It is expresslyunderstood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum amount of State Funds for Senior Services 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, US Department of Health and Human Services, or US. 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 anyfunding either in total or in part is not forthcoming to 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 liabilitywhatsoever and will not be responsible for payment of anycosts 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. 9.0 CONTRIBUTIONS FOR SERVICE 9.1 Suggested Contribution Schedule. Subcontractor shall post a suggested contribution schedule and required guest fees for services at the entrypoint of the service premises. 9.2 Contributions from Eligible Older Persons. The Subcontractor providing services under this subcontract shall provide eligible older persons receiving such service(s) the opportunityto voluntarily and free from pressure contribute to all or part of the costs of a provided service(s); each individual recipient shall determine for themselves what, if anything, he/she is able to contribute towards the cost of the service(s) rendered, and the privacy of that individual's decision to contribute or not contribute toward the service shall be protected. 9.3 Denial of Service. Under no circumstances may an eligible older person be denied service(s) under this subcontract because of his/her decision not to, or failure to, contribute to all or part of the cost of such service(s). 10.0 ELIGIBILITY OF SERVICE 10.1 Criteria. In keeping with the intent of the Older Americans Act and the Older Coloradans Act services are available to all persons age 60 and older and targeted to those with the greatest social and economic need. 10.2 Assessment of Individual. The Subcontractor will conduct an assessment of individual need prior to the delivery of service to complywith ASUMemorandum 04-32. PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES 10.3 Discrimination. The Subcontractor during the performance of this agreement shall not discriminate, exclude from participation, or deny benefits to eligible persons because of the individual's race, color, religion, gender, sexual orientation, national origin, handicap, political beliefs, or age conditions, except where age is a valid consideration as described in the Older .Americans Act/Older Coloradoans Act. 11.0 CONFIDENTIALITY The Contractor 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 bylaw, no information in possession of the Contractor about anyindividual consumer shall be disclosed in anyform including identifying information without the prior written consent of the person in interest. The Contractor 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. 12.0 CONFLICT OF INTEREST Conflict of Interest shall be defined as a direct official action on a matter in which the Contractor or its permitted sub-contractor or other interested partyhas the oppoxtunityfor substantial financial, contractual, or employment gain. During the term of this contract, the Contractor shall not engage in any business of personal activities or practices or maintain anyrelationships which conflict in anywaywith the Contractor fullyperfonning his/her obligations under this contract. Additionally, the Contractor 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 Contractor agrees to refrain from any practices, activities or relationships which could reasonably be considered to be in conflict with the Contractor's fullyperforming 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 Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Contractor shall submit to the Council a full disclosure statement setting forth the relevant details for the Council's consideration and direction. Failure to promptlysubmit a disclosure statement or to followthe Council's direction in regard to the apparent conflict shall be grounds for termination of the contract. 13.0 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. Contractor shall uphold and advance the integrity, honor, and dignity of their respective organizaxion, 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 Contractor 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. PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES 14.0 SUSPENSION OR TERMINATION 14.1 When conditions warrant it, the Council will suspend project operations (1) by notifying the recipient in writing, (2) bystatingthereason, (3) bymentioning conditions of the suspension, and (4) by indicating the right of the Contractor to appeal this decision to the State Unit on ~mg• 14.2 Termination of Contract for Cause: If, through anycause, 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. 14.3 Mutual Termination: Either party may choose to terminate this 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. Either parry must provide at least forty (40) calendar days written notice to the other party prior to the requested effective date of termination or the Contract's renewal term date. 14.4 Termination By Contractor: The Contractor, bywritten notification setting forth the reasons and specifying the effective date, mayterminate this Contract. The temmirmation 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 detenmines the rema'ning portion would not accomplish the purposes of the Contract, may terminate the Contract in its entirety. 15.0 UNEARNED MONIES The Contractor understands that, if there is State cash unearned at the time the contract is terminated, this amount must be returned to the Council, unless the Council otherwise stipulaxes. Conditions. for earning State monies include: a. Expenditures of funds; and b. Matching 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 program services for a succeeding contract period. ADMIlvISTRATIVE REQUIREMENTS 16.0 FINANCIAL MANAGEMENT 16.1 Accounting Standards: The Contractor agrees to adhere to generally accepted accounting principles and procedures, utilize adequate internal controls, and maintain necessarysource documentation for all revenues received and costs incurred. This includes administering 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 Higlmer Education, Hospitals or Other Non-profit Organizations". Cost Principles shall be in conformance with OMB PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES Circular A 122 "Cost Principles for Non Profit Organizations" or OMB A 87 "Cost Principles for State and Local Governments" as applicable. 17.0 METHOD OF PAYMENT Payments pursuant to this subcontract shall be made as earned, in whole or in pan, from available funds, for the purchase of the described services and/or deliverables. The liability of the Council ax anytime for such payments shall be limited to the encumbered amount remauung of such funds. 17.1 Reimbursement Method. Subcontractor 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 bythe 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 bythe 15th day of the following month of the calendar year is required to justifythe payment or reimbursement of funds. It is expresslyunderstoodthat no payment of requested reimbursed funds will be made without the verification of service deliveryfor Older Americans Act and State Funds for Senior Services. The Council will payto the Subcontractor funds available under this subcontract based upon information submitted bythe Subcontractor consistent with the approved budget in Exhibit #1. Payments will be made for eligible costs actually incurred by the Subcontractor, and not to exceed award amount. 18.0 RECOVERY OF IMPROPER PAYMENTS The Contractor shall notifythe Council immediatelyif theybelieve theyhave received an overpayment or other erroneous or improper payment. The Contractor is required to refund any erroneous or improper payment within 90 days of written demand bythe Council or the State Unit on Aging. 19.0 UNEARNED PAYMENTS Unearned payments under this contract maybe suspended or terminated in the event that the Subcontractor refuses to accept additional terms or conditions to this subcontract that maybe imposed by Colorado State Legislature (State), Colorado Department of Human Services (CDHS), or United States Department of Health and Human Services (HISS) after the effective date of the subcontract. 20.0 REPORTING PROVIDED BY CONTRACTOR 20.1 Performance Reports: The Contractor shall submit to the Council monthlyclient and service delivery data, due by the 15th day of the next calendar month, containing information on the forms prescribed bythe Council and in accordance with guidelines issued bythe State of Colorado and the Administration on Aging for the Social Assessment Management Systems (SANS), 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 Older Americans Act performance data. The Council maywithhold Contract payments should the Contractor fail to meet said requirements. 20.2 Financial Reports: The Contractor shall submit to the Council a monthlyfiscal report, due bythe 15th of the next calendar month, containing information in a form prescribed bythe Council and in accordance with guidelines issued bythe 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 separatelyfrom Older Americans Act fund expenditures. PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES The Council maywithhold Contract payments should the Contractor fail to meet said requirements. 20.3 Consumer Data: The Contractor shall submit monthlyto the Council, bythe 15+~ dayof the next calendar month, the Consumer Information Assessment Form (the form required bythe State of Colorado for the Social Assessment Management Systems [SAMS~ for every eligible client that receives registered services through either the Older Americans Act or Older Coloradans Act demonstrating the client's eligibilityfor services and characteristics of the client. The Council maywithhold Contract payments should the Contractor fail to meet said requirements. 20.4 Other Reports The Contractor agrees to submit other reports to Council as requested bythe State or Administration on Aging. 20.5 Independent Audit Reports: The Contractor is considered an independent contractor of and is subject to audit requirements under the Office of Management and Budget (OMB) Circular A 133 .and Government Audit Standards regardless of the amount of Federal funding the Contractor receives. Single or program specific audits conducted 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 maybe found at the following website http://www whitehouse.gov/omb/circulars/a133/a133.htm1. One copy of each required separate independent audit of the Contractor (along with the one copy of a corrective 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. 21.0 RECORDS. AUDITS AND ASSESSMENTS 21.1 Records: The Contractor agrees to maintain and retain all records required byStaff Manual Volume 10 that are pertinent to the activities and provision of services to be funded under this Contract for the contract period. 21.2 Accounting Records: The Contractor agrees to maintain such documents and accounts, which identifyadequatelythe 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 clauned to be against such funds. Such documents and accounts shall be maintained for the retention period. 21.3 Retenrion Period: The Contractor until notified in writing bythe Council that the records maybe destroyed shall retain all records and documentation association with the provision services under this Contract. At a minimum State Funds For Senior Services programmatic and fiscal records, except those pertaining to the acquisition or construction of real property or equipment, shall be retained for at least four (4) years. 21.4 Audits and Inspections: Contractor understands that the Contract's fiscal affairs maybe subject to audit. During the contract period, the retention period, and as long thereafter as the records are maintained, at anytime during normal business hours, as often as deemed necessary, the Colorado Department of Human Services, US. 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 bythe Contract in order to make audit, examination, excerpts, and transcripts. Any deficiencies noted in audit reports must be fully cleared bythe 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. 21.5 On-Site Assessments: The Contractor understands that the Council is required to conduct annually a comprehensive program and financial on site assessment of the activities conducted under this Contract and to monitor on an ongoing basis the performance standards of program services and to ensure that the funds made available bythis Contract are expended in keeping with the purposes for which theywere awarded. PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES If costs are disallowed through audit or assessment, the proportion of State Funding for Senior Services funds disallowed must be returned to the Council or to the State. 22.0 PROGRAM INCOME (earnings and expenditures) All Program Income shall be reported monthlyto the Council on the prescribed financial reporting form for that period: this includes program income earned including interest earned and program income expended for the reporting period as per Section 10.320.1 of the Colorado Department of Htunan Services, Staff Manual Volume 10 Colorado Services for the Aging (12 CCR 2510-1). 22.1 Contractor may use Program Income earned, by services carried out with State Funds For Senior Services made available during the contract period, for activities permitted under this Contract and shall reduce request for additional funds bythe amount of anysuch project income balances on hand 22.2 Carry-over (unexpended program income or "balance on hand") shall also be reported to the Council as required bythe 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. 23.0 CHANGES 23.1 Change in Amount of Funds. If there is anyincrease or decrease in the amount of State Funds for Senior Services funds or allocations received bythe Council, which directly or indirectly effects 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. 23.2 Subcontractor Changes. Contractor agrees to advise the Council of needed program and financial changes and to await approval from the Council prior to a change in implementation. 24.0 EQUIPMENT 24.1 Equipment purchased all or in part with State Funding for Senior Services funds is subject to the transfer and equipment management regulations set forth respectivelyin Sections 74:136; 74:139; and 74:140 of the Code of Federal Regulations, Title 45 CRF Part 74. 24.2 The Contractor agrees to secure written approval from the Council before: a. The purchase of equipment made bythe Contractor with Older Americans Act or State Funding for Senior Services funds. b. The transfer, sale, or disposal of anyequipment or supplies purchased all or in part with State Funding For Senior Services funds. 25.0 SUB-CONTRACT The Contractor may subcontract for the delivery of program services during the contract period. The Council shall be notified in writing prior to anywork or services covered bythis Contract that will be sub-contracted and also indicate whether the sub-contractor is a non profit orfor-profit entity. Anyproposedsub-contract or purchases of service sub-contract must have prior approval bythe Council. If asub-contractor is used, Contractor must monitor the execution of any sub-contract agreement it makes to assure compliance with all applicable Older Americans Act, Older Coloradans Act, and Staff Manual Volume 10 standards. It is also the responsibility of the Contractor to ensure its sub-contractor is informed of their obligations under this contract and of all pertinent federal, state, and local regulations relative to the program service(s). Contractor shall not enter into asub-contract with asub-contractor that fails to certifyto the Contractor that the sub-contractor does not knowingly employ or contract with an illegal alien to perform work under a public PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES sub-contract for services. 26.0 NON-ASSIGNABILITY It is understood and agreed that the Contractor shall have no right of assignment under this Contract. 27.0 OTHER TERMS AND CONDITIONS 27.1 Personnel: All of the program services required hereunder are to be performed bystaff/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. 27.2 .Qualifications: All of the program services required herein under will be performed bythe 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 lawto perform such services. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract for services. 27.3 Nondiscrimination: Contractor agrees during the performance of this contract to complywith 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. 27.4 Eclual 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 positrve steps to employ and advance in employment qualified handicapped persons and to complywith the US. Department of Health and Human Service Code of Federal Regulations 45 C.F.R part 84. 28.0 INSURANCE Eagle County Aging and Adult Services as an independent contractor, acknowledges that it is not entitled to unemployment insurance benefits from Council, its elected officials, agents, or anyprogram administered or funded by Council. Eagle County Aging and Adult Services shall be entitled to unemployment insurance only if unemployment compensation coverage is provided byEagle CountyAging and Adult Services, or some other entitythat is not a parryto this Contract. 28.1 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. 28.2 General and Automobile liability insurances: The Contractor shall provide general liability insurance covering all operations under this Contract; and automobile liability insurance as required by the State of Colorado for all motor vehicles used in connection with the services purchased bythis Contract, whether owned, non-owned, or hired. Said liability shall be for the full contract period. In no event, however, shall such general public liabilitycoverage have limits less than Two Hundred Thousand Dollars ($200,000.00) for each person, and Five Hundred Thousand Dollars ($500,000.00) for each accident or incident. The foregoing required insurance coverage shall be adequate to protect both Subcontractor and Council from all liability on account of injury or damage done to the persons or property of any and all persons during or in consequence of the performance of the work and services herein subcontracted for. The maintenance of such insurance shall not affect Subcontractor's obligation to indemnify Council, as provided in Item Liability: Indemnification below, but maintenance of such PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES approved insurance shall be a condition precedent to the payment to Subcontractor of compensation for the performance of said scope of services as described in Exhibit # 1. 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. These policies maynot be canceled, terminated, changed or modified during the contract period without thirty (30) days written notice to the Northwest Colorado Council of Governments. 29.0 LIABILITY:INDEMNIFICATION Contractor shall be solely responsible for all its acts and the acts of its agents, employees, volunteers, and permitted sub-contractors while engaged in the performance of the Contract work Contractor, personally and for all its heirs, successors or assignees, covenants and agrees to indemnifyand save harmless Council, absolutely and without limit, against all liability, claims, demands, suits, judgments, costs or expenses for injury to or death of anyperson or persons (including employees, volunteers, or agents of Council or Contractor) and for damage to or loss of propertyasserted, made or recovered byanyand all persons whomsoever on account of or resulting from the acts or omissions of Contractor, Contractor's agents, employees, volunteers, or pernuttedsub-contractors, 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. 30.0 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 2308 Silverthorne, Colorado 80498-2308 via Hand-Delivery Northwest Colorado Council of Governments 249 Warren Avenue; Silverthorne, Colorado 80498 For the Contractor: Eagle County Aging and Adult Services via Certified Mail: PO Box 660 Eagle, CO 81631 via Hand-Delivery 550 Broadway Eagle, Colorado 8131 NOW THEREFORE, with regard to this Contract the Council shall: a. Monitor and evaluate program performance; b. Perform program on-site evaluations, as required; c. Disburse funds in a timelymanner, as available; d. Provide training, technical assistance, and services-related training to Contractors, 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 Contractor to ensure that State Funds for Seniors Services and associated local match. and local funds are used appropriately. PURCHASE OF SERVICES CONTRACT AGREEMENT STATE FUNDS FOR SENIOR SERVICES WHEREOF, the parties hereto have made and executed this Purchase of Services Agreement for SFY'10 State Funds for Senior Services to be effective as of the 1St day of July 2009. NORTHWEST COLORADO COUNCIL OF GOVERNMENTS ALPINE AREA AGENCY ON AGING ("COLJNQL" -Federal ID Number 84-0639906) By: Gary J. Director, NWCCQG Date: /~ ~ ~ 9 l Eagle County Aging and Adult Services (" COI~IIZ.ACTOR") BY~ ~1C3~1 Pf__. L.~ ~`Z~O~~ .~- Please Print Name of Contract Signer ~ A- ~..~ ..,, ~'_ 1 ~ /'~~_ Date: ~ ~ ~' ATTACHMENT A STATE OF COLORADO CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIENS The CONTRACTOR, whose name and signaxure appear below, certifies and agrees as follows: ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-15.5-101 and 24-76.5-101. SUBCONI~ACTOR certifies that it shall comply with the provisions of CRD 8-17.5-101 et seq. SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under the referenced purchase of services contract agreement or enter into a contract with asub-contractor that fails to certifyto SUBCONTRACTOR that the sub-contractor shall not lmowinglyemployorcontract with an illegal alien to perform work under the referenced purchase of services contract agreement. CONTRACTOR represents, warrants, and agrees that it has verified that it does not employ any illegal aliens. CONTRACTOR shall complywith all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor "and Employment. Failure to comply with any requirement of this provision or GRS 8-17.5-101 et seq., shall be cause for termination for breach and CONTRACTOR shall be liable for actual and consequential damages. CONTRACTOR, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, and (u) shall complywith the provisions of CRS 24-76.5-101 et seq.. CERTIFIED and AGREED to this day of , 2009. CONTRACTOR Eagle Aging and Adult Services 550 Broadway Eagle, CO 81631 Federal Tax ID Number (EIN) ,~ AUTHORIZED SIGNATURE: Please Print Name of Signer SFY'10 State Funds for Senior Services Attaclhment A ATTACHMENT B CERTIFICATIONS REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements CONTRACTOR should refer to the regulations cited below to which they are required to attest. CONTRACTOR should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements 45CF'R Part 93. "New Restrictions on Lobbying." The undersigned, CONTRACTOR, certifies that to the best of his or her lnrowledge and belief, that: (1) No Federal or State appropriated funds have been paid or will be paid, by or on behalf of the_ undersigned, to anyperson for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the maldng of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal certification is a material representation of fact upon which reliance was placed when this contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal or State appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal or State contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the Contractor, I hereby certify that the organization will comply with the above applicable certification. CERTIFIED and AGREED to this ~ g -"day of ^\~~ , 2009. CONTRACTING ORGANIZATION: Eagle CountyAgi`ng an Adult Services AUTHORIZED SIGNATURE S~f~n~ L.~ 1`Z~~ ..- Please Print Name of Signer ~ ~ ~ ~ .~ ~ l S ~ ~ K'-- SFY'r0 State Funds for Senior Services Attaclunent B TERM SHEET ~~ 1) Requested hearing date:l`; (Second choice) The contract is fora $19,500 grant Aging and Adult Services has been awarded from Northwest Colorado Council of Governments and Alpine Area on Aging. 2) For County Manager signature: N/A t• Ain and Adult Services 3) Requesting departmen . g g 4) Title: Purchase of Services Contract Agreement State Funds for Senior Services 5) Check one: Consent: X On the Record: 6) Staff submitting: Holly Kasper, 328-8843 7) Pur ose: The State Funds for Senior Services grant will provide $19,500 for the Aging and Adult Services case/ care management program which supports resource coordination and safe independent living for older adults in Eagle County. 8) Schedule: July 1, 2009-June 20, 2010 9) Financial considerations and New World Line Item: Grant award is for $19,500. Eagle County will match $51,384.00 (via State dollars for Adult Protective Services) for the rest of the position. 10) Budget Considerations: The position is budgeted for in 2009 and the grant award is the same amount as included in the budget. 11) Other: This is a regular, ongoing grant that we receive each year to support Adult Protective Services (APS) and case management services for our senior population. 11 v~~ ~~ ~~ ~ Y ;~ ~~~ ~~ .~., r . ~ ~ xw. ,. ;~ a~,tovedby''~" i.C.. ~ c ' t-~-z.~.-~.-~ r Oate APP ~,~ ---- ~~~ Eagle County Attorney's Office By:,_ eagle ~®unty Cnmmiissian~rs' O ioe Please return executed contract and copies to Danielle Pieters in HHS. 970-328-8835.