HomeMy WebLinkAbout20113238.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR RETIRED AND SENIOR
VOLUNTEER PROGRAM(RSVP)AND AUTHORIZE CHAIR TO SIGN-UNIVERSITY OF
NORTHERN COLORADO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Purchase of Service Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services,Area Agency on Aging, and the University
of Northern Colorado, Retired and Senior Volunteer Program,commencing July 1, 2011,and ending
June 30, 2012, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Purchase of Service Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, Area Agency on Aging, and the University of Northern Colorado,
Retired and Senior Volunteer Program, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of December, A.D., 2011, nunc pro tunc July 1, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: ig,east....7. _______ ; / dam ti
arbara Kirkmeyer, hair
Weld County Clerk to the Board �rr c /7 C
E�°%e Sean ConwayPro-Tem
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Deputy CI'rk to the Bo-7" a I 2
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AP 1k EED A ORM:
David E. Long
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Douglas ademache
Date of signature: I-18-/a
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/_ a3 2011-3238
HR0082
MEMORANDUM
1861 - 2011
DATE: December 15, 2011
W
I E L DEG O N T Y TO: Barbara Kirkmeyer, Chair, Board of County m sioners
II FROM: Judy A. Griego, Director, Human rvices I�e dr it n
RE: Purchase of Service Agreement be ween the Weld County
Department of Human Services' Area Agency on Aging and
the University of Northern Colorado Retired and Senior
Volunteer Program
Enclosed for Board approval is the Purchase of Services Agreement between the Weld County Department
of Human Services' Area Agency on Aging and the University of Northern Colorado Retired and Senior
Volunteer Program.
This Project was presented at the Board's May 19, 2011, Work Session as part of the Area Agency on
Aging Budget and resulted in an agreement with the University of Northern Colorado Retired Senior
Volunteer Program. The lateness of this Agreement is the result of work between the Department's and
UNC's attorneys on wording of the Agreement. This is not a new service provided by the Department.
The major provisions of this Agreement are as follows:
No. Provider/Term Program Area/Funding Contract Amount
1 Retired and Senior Volunteer Program Project Connect for 20 older adults Max. $500.00
July 1, 2011 —June 30, 2012 Older Americans Act and State
Funds for Senior Services
If you have questions, give me a call at extension 6510.
2011-3238
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT,made and entered into this 1 n day of July 2011 by and between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Human Services' Area Agency on Aging,hereinafter referred to as "AAA" and the State of Colorado
by and on behalf of the Board of Trustees of the University of Northern Colorado for the use and benefit of the
Retired and Senior Volunteer Program, hereinafter referred to as"RSVP."
WITNESSETH:
WHEREAS, AAA develops and administers the Area Plan for a comprehensive and coordinated system of services,
and
WHEREAS, AAA serves as the advocate and focal point for older persons with the greatest economic and social
need,and
WHEREAS, RSVP is a federally funded program existing for the purpose of providing volunteer opportunities for
seniors of Weld County ,and
WHEREAS, AAA desires to purchase services from RSVP to maintain Project Connect, a telephone reassurance
program targeting homebound, isolated frail seniors;
NOW THEREFORE, it is mutually agreed:
1. The AAA hereby agrees to award grant monies in the sum of$500.00 to RSVP.
2. RSVP agrees to provide telephone reassurance to 20 older adults with a goal of reaching 5 rural elders, 5
Hispanic elders and 20 disabled elders.
3. The term of this Agreement shall be from July 1,2011 through June 30,2012. RSVP agrees to commence
services within thirty(30)days after signing this Agreement and assure completion of all services required
hereunder by June 30, 2012.
4. "RSVP"agrees to document and report any project income received as a result of services provided under
the Agreement.
5. RSVP agrees to include the following statement in any written materials(such as pamphlets, brochures, and
announcements)or in any verbal presentations: RSVP is supported, in part, by funds provided by the Weld
County Area Agency on Aging through the Older Americans Act."
6. RSVP understands that AAA is required to conduct periodic evaluations of the activities conducted under
this Agreement and to monitor on an ongoing basis the performance of RSVP to insure that the funds made
available by the Agreement are expended in keeping with the purposes for which they were awarded; and
RSVP accordingly agrees to cooperate fully with the AAA in the conduct of such evaluation and
monitoring, including the keeping and supplying of such information, and providing access to documents
and records to the AAA for the purpose of audit; and further agrees to cooperate with AAA to enable it to
fulfill its obligation to the State of Colorado and the United States Government.
7. Any changes, including any increase or decrease in the amount of RSVP's compensation, and including
changes in budget allocations which are mutually agreed upon by and between the AAA and RSVP,shall
be incorporated in written amendments to this Agreement.
8. RSVP understands and agrees that the following provisions are binding upon commencement of the
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project:
a. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of Weld County,the Older
Americans Act,and the policies and procedures established by the State Unit on Aging.
b. If there is Federal/State program income unearned at the time the project is terminated,this
amount must be returned to the AAA unless the AAA otherwise stipulates.
c. The project's fiscal affairs are subject to audit. If costs are disallowed, the proportion of
Federal/State funds disallowed must be returned to the AAA.
d. This award is made for the period amounts stated in this Agreement. This Agreement in no way
implies further funding which is contingent upon the availability of funds and approval of future
project applications.
e. It will keep records and make reports on the forms required by the AAA and in accordance with
guidelines issued by the State of Colorado and the Administration on Aging, specifically,
i. To submit monthly programmatic reports to the AAA by the 10th of the following month;
ii. To submit a final financial report within 45 days after the end of the project year;
iii. To submit other reports to the AAA as requested;
iv. Maintain a computer system that will be able to manage all required AAA reporting
software;
v. Maintain internet access in order to transfer all required data to the AAA.
f. It will advise the AAA of needed program and financial changes and await approval from the
AAA prior to change implementation.
g. It will have policies and procedures for complaint/appeal tracking, timely disposition of
complaints/appeals and documentation of such processes.
h. It will have a client grievance policy, which will address any alleged infractions of any federal
state or local laws by RSVP against recipients of or applicants for services.
i. It will have a policy and procedure for wait lists that meets the requirements set forth by the AAA.
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or part of the cost of services. No recipient shall be denied a service
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
9. Additional Work. In the event Weld County shall require changes in the scope, character, or complexity
of the work to be performed,and said changes cause an increase or decrease in the time required or the
costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by a supplemental
Agreement. Any claims by RSVP for adjustment hereunder must be made in writing prior to performance
of any work covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
10. Independent Contractor. RSVP agrees that it is an independent contractor and that neither RSVP nor its
agents or employees are, or shall be deemed to be, agents or employees of Weld County for any purpose.
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RSVP shall have no authorization, express or implied, to bind Weld County to any agreement, liability, or
understanding. The parties agree that employees of RSVP will not become employees of Weld County by
virtue of this Agreement, and further agree that employees of RSVP are not entitled to any employee
benefits from Weld County as a result of the execution of this Agreement.
11. Warranty. RSVP warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
12. Reports County Property. All reports and test results produced in connection with the performance of
this Agreement, whether or not such materials are in completed form, shall at all times be considered the
property of Weld County. RSVP shall not make use of such material for purposes other than in connection
with this Agreement without prior written approval of Weld County.
13. Acceptance of Product not a Waiver. Upon completion of the work, RSVP shall submit to AAA
originals of all reports and test results generated during completion of this work. Acceptance by Weld
County of reports and test results shall not in any way relieve RSVP of responsibility for the quality and
accuracy of the work. Acceptance by the County of,or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
14. Insurance. RSVP shall provide necessary workers' compensation insurance at RSVP's own cost and
expense.
15. Termination. This Agreement shall be terminated immediately in the event of loss of funding to the AAA.
In addition,either party may terminate this Agreement at any time by providing the other party with a 30
day written notice thereof Furthermore,this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination, RSVP shall be
paid for work performed up to the time of notice and AAA shall be entitled the use of all material generated
pursuant to this Agreement.
16. Non-Assignment. RSVP may not assign or transfer this Agreement,any interest therein or claim there
under, without the prior written approval of AAA.
17. Access to Records. Upon reasonable notice to RSVP, AAA shall have access to RSVP's financial records
as they relate to this Agreement for purposes of audit. Such records shall be complete and available for
audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at
least five years after final payment hereunder.
18. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
20. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
21. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of AAA.
22. Non-Exclusive Agreement. This Agreement is nonexclusive and AAA may engage or use other
contractors or persons to perform services of the same or similar nature.
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23. Certification. RSVP certifies that it is not an illegal immigrant, and further represents, warrants, and
agrees that it has verified that it does not employ any illegal aliens. If it is discovered that RSVP is an
illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, AAA can terminate this
Agreement.
24. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
25. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of AAA to expend funds not otherwise appropriated or budgeted for.
26. No Conflict. No employee of RSVP performing services under this Agreement shall serve on a Weld
County Board, committee or hold any such position which either by rule, practice or action nominates,
recommends, or supervises RSVP's operations, or authorizes funding to RSVP.
27. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
28. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
29. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
30. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements,or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor(a)shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed, (b)shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and(d) shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized
affirmation, affirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency, institution of
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higher education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS UNIVERSITY OF NORTHERN COLORADO
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Barbara Kirkmeyer,C{$air D ! 9 20" Michele S. Schwietz
Director, Office of Sponsored Progra
ia
ATTEST: �
Weld County Clerk to the Board —
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BY: i lril� / / , _�..y�,
Deputy Cl- • to the f u /�1\
N L'a_ .0 N. t endr , Dir ctor
r i,' ali Reti and Volunteer Senior
Ism tor
WELD COUNTY DEPARTMENT
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WELD COUNTY AREA AGENCY
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Eva M.Jewell, Diiision Head
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