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HomeMy WebLinkAbout20071907.tiff RESOLUTION RE: APPROVE SIX PURCHASE OF SERVICE AGREEMENTS AND AUTHORIZE CHAIR TO SIGN 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 six Purchase of Service Agreements 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 following providers, commencing July 1, 2007, and ending June 30, 2008, with further terms and conditions being as stated in said agreements, and 1. Meals on Wheels 2. Eldergarden 3. North Range Behavioral Health 4. Charles Connell, Attorney at Law 5. RVNA 6. Catholic Charities Northern WHEREAS,after review,the Board deems it advisable to approve said agreements,copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the six Purchase of Service Agreements 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 above listed providers be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby are, authorized to sign said agreements. 2007-1907 HR0078 9 . /+S o-ii,c4) 07 3ie o7 RE: SIX PURCHASE OF SERVICE AGREEMENTS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 9th day of July, A.D., 2007, nunc pro tunc July 1, 2007. BOARD OF COUNTY COMMISSIONERS '������ WE.�. OUN�, COLORADO ATTEST: E /1 ' o V Jul �� t� � avid E. Long, Chair Weld County Clerk to th .o- ,.:, 1� Witham FBI. J�rke, Tem By:\ , tl �1 ��, / De ty CI to the Boa (. t/ ' G Will Q F. Garcia 7O D AS T & \NO Robert D. Masden oifnty A tomey ttf ouglas Rademach Date of signature: 1belk-1 2007-1907 HR0078 MEMORANDUM farThDATE: June 27, 2007 ITO: David E. Long, Chair, Weld County Board of Commissioners COLORADO FROM: Walter Speckman, Executive Director, Division of Human Services 0 SUBJECT: Purchase of Service Agreements between the Area Agency on Aging and local service providers Enclosed for Board approval are six (6) Purchase of Services Agreements with local agencies to provide services to frail, low-income older adults with Older Americans Act fund and State Funds for Senior Services. The terms of these agreements are from July 1, 2007 through June 30, 2008. 1. Purchase of Services Agreement between the Area Agency on Aging and Meal on Wheels for $34,100 for 16,188 meals for 160 homebound elderly of Weld County. 2. Purchase of Services Agreement between the Area Agency on Aging and Eldergarden for $22,500 to purchase 7,700 hours of adult day care for 27 frail elders. 3. Purchase of Services Agreement between the Area Agency on Aging and North Range Behavioral Health for $36,300 to provide 1,980 contact units of in-home peer counseling to 130 older adults. 4. Purchase of Service Agreement between the Area Agency on Aging and Charles J. Connell, Attorney at Law for up to $7,500 to purchase legal consultation and representation for the Area Agency on Aging Senior Legal Aide Program. 5. Purchase of Service Agreement between the Area Agency on Aging and RVNA for $61,793 to purchase 3,333 units of homemaker and personal care for 92 older adults not qualifying for home health care services through any other third party reimbursement. 6. Purchase of Service Agreement between the Area Agency on Aging and Catholic Charities Northern for $24,750 to purchase 500 units of outreach services for 100 Hispanic older adults and 20 units of educational outreach events for 600 Hispanic older adults. Please call Eva Jewell at extension 3331 or Walf apeckwan at extbnsion 3317 if you have further questions. c'i c c c- L7:1 -triG,i AL:133 ua 0131A 2007-1907 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 1St day of July,2007 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 Division of Human Services'Area Agency on Aging,hereinafter referred to as "AAA"and Meals on Wheels hereinafter referred to as"MOW'. 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,"MOW"is a private,non-profit organization existing for the purpose of providing home delivered meals to homebound residents of Weld County, and WHEREAS,"AAA"desires to purchase home delivered meals for homebound seniors from"MOW," NOW THEREFORE, it is mutually agreed: 1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and State Funds for Senior Services)in the sum of$34,100 to"MOW." 2. The"AAA"hereby agrees to award"MOW"a percentage of the Nutrition Services Incentive Program (NSIP)reimbursement. The reimbursement will be based on a per meal rate for every meal served an eligible Title III recipient for the purpose of serving the number of meals in paragraph 4. 3. "MOW"ages to provide 16.188 meals to approximately 160 seniors with a goal of reaching 40 rural seniors, 30 Hispanic seniors and 160 homebound seniors. Homebound status must be re-evaluated every 6 months. 4. "MOW'agrees to commence services with thirty(30)days after the signing of the Agreement and assure completion of all services required hereunder by June 30,2008. 5. "MOW"agrees to document and report any project income received as a result of services provided under the Agreement. 6. "MOW'agrees to include the following statement in any written materials(pamphlets,brochures, announcements,etc.)or in any verbal presentations:"MOW" is supported, in part by funds provided by the Weld County Area agency on aging through the Older Americans Act." 7. "MOW"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"MOW"to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded;and"MOW"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 do all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States Government. 8. Any changes, including any increase or decrease in the amount of"MOW's"compensation,and including changes in budget allocations which are mutually agreed upon by and between the"AAA"and"MOW", shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. 1 ,7co 7-/9O 7 9. "MOW"understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. Agrees that the project will be carried out in accordance with the Federal program and fiscal regulations,the policies and procedures established for grants by the State Agency, and the terms and conditions of the project application approved by"AAA" in making this award of fund; specifically,agrees to abide by the dollar amounts as shown in the budget by program and cost categories. b. Understands that if there is Federal/State cash unearned at the time the project is terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates. c. Understands that 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. Understands that 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. Agrees to 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, To submit monthly financial and programmatic reports to the"AAA"by the 10th of the following month; To submit a final financial report within 45 days after the end of the project year; To submit other reports to the"AAA"as requested; Maintain a computer system that will be able to manage all required "AAA"reporting software; Maintain internet access in order to transfer all required data to the"AAA". f. Agrees to advise the"AAA"of needed program and financial changes and await approval from the"AAA"prior to change implementation. g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of complaints/appeals and documentation of such processes. h. Agrees to have a client grievance policy which will address any alleged infractions of any federal state or local laws by 'MOW" against recipients of or applicants for services. i. Agrees to 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. k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another federal grand or funds. Supplies, volunteer services, and other in-kind contributions shall be valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in- kind shall be verifiable from agency records. 2 10. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of the Agreement. 11. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 12. If any section,subsection paragraph, sentence, clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph,sentence,clause, and phrase thereof irrespective of the fact that any one or more sections subsections,paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or invalid. 13. The term of this Agreement shall be from July 1,2007 through June 30,2008. The Agreement will be evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory performance of the provider,availability of funds, priorities as established by the Area Agency on Aging and need for the service. 14. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the AAA. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above. B RD OF COUNTY COMMISSIONERS MEALS ON WHEELS 3____) .zi, cic,Cey David E. Long,Chair ary argar ox, ecutive Director JUL - 9 nel7 'os+` WELD COUNTY HUMAN SERVICES rol!` W t J. eckman, Executive Director is bi tie�.>, WELD CO TY A AGENCY ON AGING � � ,/��t J A va M. Jewell, re or ATTEST: h►r�_/�/�{Q ( /�//r �/.Y// Weld County Clerk to the Board u�rG�( By: g uty k to the Bo rd 3 077-/Qo 7 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT,made and entered into this 1"day of July,2007 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 Division of Human Services'Area Agency on Aging, hereinafter referred to as "AAA"and Eldergarden, hereinafter referred to as"Eldergarden". 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,"Eldergarden"is a private,non-profit organization existing for the purpose of adult day care services to residents of Weld County,and WHEREAS,"AAA"desires to purchase adult day services for low-income elders from"Eldergarden" NOW THEREFORE, it is mutually agreed: 1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and State Funding for Senior Services)in the sum of$27,500 to"Eldergarden." 2. "Eldergarden"agrees to provide 7,700 units of adult day care to 27 seniors with a goal of reaching 10 rural seniors, 10 minority seniors and 27 disabled seniors. 3. The"AAA"agrees to reimburse"Eldergarden"for all eligible project costs up to but not exceeding the sum of$27,500 at an hourly rate of$3.57. 4. "Eldergarden"agrees to commence services with thirty(30)days after the signing of the Agreement and assure completion of all services required hereunder by June 30,2008. 5. "Eldergarden"agrees to document and report any project income received as a result of services provided under the Agreement. 6. "Eldergarden"agrees to include the following statement in any written materials(pamphlets, brochures, announcements,etc.)or in any verbal presentations:"Eldergarden"is supported, in part by funds provided by the Weld County Area agency on aging through the Older Americans Act." 7. "Eldergarden"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"Eldergarden"to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded;and"Eldergarden"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 do all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States Government. 8. Any changes, including any increase or decrease in the amount of"Eldergarden's"compensation,and including changes in budget allocations which are mutually agreed upon by and between the"AAA"and "Eldergarden", shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. 9. "Eldergarden"understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: 1 o?o0 7-/90 7 a. Agrees that the project will be carried out in accordance with the Federal program and fiscal regulations,the policies and procedures established for grants by the State Agency, and the terms and conditions of the project application approved by"AAA" in making this award of fund; specifically, agrees to abide by the dollar amounts as shown in the budget by program and cost categories. b. Understands that if there is Federal/State cash unearned at the time the project is terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates. c. Understands that the projects fiscal affairs are subject to audit. If costs are disallowed,the proportion of Federal/State funds disallowed must be returned to the"AAA." d. Understands that 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. Agrees to 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, To submit monthly financial and programmatic reports to the"AAA"by the 10th of the following month; To submit a final financial report within 45 days after the end of the project year; To submit other reports to the"AAA"as requested; Maintain a computer system that will be able to manage all required"AAA"reporting software; Maintain intemet access in order to transfer all required data to the"AAA". f. Agrees to advise the"AAA"of needed program and financial changes and await approval from the"AAA"prior to change implementation. g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of complaints/appeals and documentation of such processes. h. Agrees to have a client grievance policy which will address any alleged infractions of any federal state or local laws by`Eldergarden"against recipients of or applicants for services. i. Agrees to 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. k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another federal grand or funds. Supplies, volunteer services,and other in-kind contributions shall be valued as described under 45 C.F.R. 874.5. All matching contributions,including cash and in- kind shall be verifiable from agency records. 10. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their 2 officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of the Agreement. 11. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 12. If any section,subsection paragraph, sentence, clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause,and phrase thereof irrespective of the fact that any one or more sections subsections, paragraphs, sentences clauses,or phrases might be declared to be unconstitutional or invalid. 13. The term of this Agreement shall be from July 1,2007 through June 30,2008. The Agreement will be evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory performance of the provider,availability of funds,priorities as established by the Area Agency on Aging and need for the service. 14. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the AAA. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above. BOAR F COUNTY COMMISSIONERS ELDERGARDEN David E. Long, Chair Van kI , 21e; � ✓ — , Executive Di tor JUL - 9 2007 WELD COUNTY HUMAN SERVICES 4%téiveDirecoran, r 9 ?1; 361 WELD UNT REA AGENCY ON AGING fig Eva M.Je , hector ft Weld County Clerk to the Board By: uty Irk to the ard 3 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT,made and entered into this 1"day of July,2007 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 Division of Human Services'Area Agency on Aging, hereinafter referred to as "AAA" and North Range Behavioral Health hereinafter referred to as"NRBH". 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,"NRBH" is a private,non-profit organization existing for the purpose of providing mental health services to residents of Weld County,and WHEREAS,"AAA"desires to purchase peer counseling services for older adults who reside in Weld County from"NRBH," NOW THEREFORE, it is mutually agreed: 1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act)in the sum of$36,300 to"NRBH." 2. "NRBH"agrees to provide 1980 units of Peer Counseling to 130 older adults with the goal of serving 30 rural elders and 15 Hispanic elders and 20 disabled older adults 3. The"AAA"agrees to reimburse"NRBH" for all eligible project costs up to by not exceeding the sum of $36300 at an hourly rate of$18.33 per hour. 4. "NRBH"agrees to support the goal of a comprehensive and coordinated system of services by maintaining regular participation on the Community Resource Network formally known as the Long Term Care Coordinating Committee. 5. "NRBH"agrees to commence services with thirty(30)days after the signing of the Agreement and assure completion of all services required hereunder by June 30,2008. 6. "NRBH" agrees to document and report any project income received as a result of services provided under the Agreement. 7. "NRBH"agrees to include the following statement in any written materials(pamphlets,brochures, announcements, etc.)or in any verbal presentations: "NRBH" is supported, in part by funds provided by the Weld County Area agency on aging through the Older Americans Act." 8. "NRBH"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"NRBH"to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded;and"NRBH"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 do all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States Government. 9. Any changes, including any increase or decrease in the amount of"NRBH's"compensation, and including changes in budget allocations which are mutually agreed upon by and between the"AAA" and"NRBH", 1 ,2oo7-/9O7 proposal. 10. "NRBH"understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. Agrees that the project will be carried out in accordance with the Federal program and fiscal regulations,the policies and procedures established for grants by the State Agency, and the terms and conditions of the project application approved by"AAA" in making this award of fund; specifically,agrees to abide by the dollar amounts as shown in the budget by program and cost categories. b. Understands that if there is Federal/State cash unearned at the time the project is terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates. c. Understands that 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. Understands that 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. Agrees to 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, To submit monthly financial and programmatic reports to the"AAA"by the 10th of the following month; To submit a final financial report within 45 days after the end of the project year; To submit other reports to the"AAA"as requested; Maintain a computer system that will be able to manage all required"AAA"reporting software; Maintain internet access in order to transfer all required data to the"AAA". f. Agrees to advise the"AAA" of needed program and financial changes and await approval from the"AAA"prior to change implementation. g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of complaints/appeals and documentation of such processes. h. Agrees to have a client grievance policy which will address any alleged infractions of any federal state or local laws by"NRBH"against recipients of or applicants for services. i. Agrees to 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. k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another federal grand or funds. Supplies, volunteer services,and other in-kind contributions shall be 2 valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in- kind shall be verifiable from agency records. 11. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of the Agreement. 12. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 13. If any section, subsection paragraph, sentence, clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections subsections, paragraphs, sentences clauses,or phrases might be declared to be unconstitutional or invalid. 14. The term of this Agreement shall be from Julyl,2007 through June 30,2008. The Agreement will be evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory performance of the provider, availability of funds,priorities as established by the Area Agency on Aging and need for the service. 15. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the AAA. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above. BOARD OF COUNTY COMMISSIONERS NORTH RANGE BEHAVORAL HEALTH c ( Ay C�yI e 1)We avid E. Long,Chair Wane axwecutive Director JUL - 9 2007 WELD COUNTY HUMAN SERVICES W t J. peckman, Executive Director V WELD CQUNTY A AGENCY ON AGING WELD viaket lire Eva M.Jewe t ctor /4friej. �r eji wit j jilltaraumar: ty Clerk to the Board 1 By: at( D uty C e'k to the Boa d 3 200 7-190"7 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July, 2007 by and between the County of Weld, State of Colorado,by and through the Board of County Commissioners, on behalf of the Weld County Division of Human Services' Area Agency on Aging,hereinafter referred to as"AAA",and Charles J. Connell,Attorney at Law,hereinafter referred to as "CONNELL." WITNESSETH: WHEREAS, "AAA" develops and administers the Area Plan for a comprehensive and coordinated system of services, and WHEREAS, "AAA" is mandated to provide for legal services, as defined in the Older Americans Act to older persons with the greatest economic and social need, and WHEREAS, "AAA"provides legal assistance to older persons through the Senior Citizens Law Project and employs a legal assistant to coordinate the Project, and WHEREAS, by the laws of the State of Colorado, the "AAA" must employ licensed attorney authorized to practice law in the state of Colorado so that the"AAA" Legal Assistant shall act under the supervision of such attorney. NOW THEREFORE, it is mutually agreed that: 1. The "AAA" desires to purchase services from"CONNELL",through his expertise as an attorney licensed to practice law in the state of Colorado, for supervision of the legal assistant at the "AAA" Senior Citizen's Law Project. 2. "CONNELL"desires to provide his expertise as a licensed attorney in the state of Colorado for direction and supervision of the legal assistant at the "AAA" Senior Citizen's Law Project. 3. The "AAA" legal assistant and"CONNELL"will review applications to the Program. "CONNELL" will be available for weekly review of applications, for telephone contact by the "AAA" legal assistant, and for appearance in proceedings in court when necessary. 4. After consultation with"CONNELL", the "AAA" legal assistant shall follow up on case handling and negotiation, pursuant to the supervision and direction of"CONNELL". ,8007-/907 Page Two Agreement - CONNELL 5. The "AAA" Legal assistant shall be responsible for community outreach, publicity of the program, and community education. 6. The "AAA" legal assistant shall be allowed to represent persons before an agency or in an agency proceeding,or administrative tribunal,and complete necessary forms not requiring knowledge and skill beyond that possessed by the ordinary experienced and intelligent layman, as provided by Colorado law. 7. The"AAA" Senior Citizens Law Project agrees not to dispense legal advice and counsel except when under the direction and supervision of"CONNELL". 8. "CONNELL"will provide a ten-percent match for the Senior Citizen's Law Program in the form travel time and mileage to court proceedings and client conferences, access to a law library use of office phone, along with providing limited word processing, usual copying fees and ordinary postage expenses, all with a value of a least ten-percent(10%) of the total received from this agreement during 2007-2008. It is agreed that "CONNELL" shall continue to provide his own Professional Liability Insurance. The "AAA" legal assistant shall be insured for liability against errors and omissions resulting from any actions within the scope of his/her employment,the same as other employees of Weld County. 9. The"AAA" shall reimburse"CONNELL"at the rate of$ 32.50 per hour for consultation time and $42.50 per hour for court appearance time, up to but not exceeding the sum of $7,500. The "AAA" and "CONNELL" shall keep a time log record to monitor the hours worked by"CONNELL". "CONNELL" shall be paid monthly for actual services rendered in the previous month. 10. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 12. If any section, subsection,paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Page Three Agreement- CONNELL 13. The term of this Agreement shall be from July 1, 2007 through June 30, 2008. The Agreement will be evaluated in November of each year by both parties and the terms of the Agreement will be mutually agreed up and established in an amendment to the Agreement. The basis for renegotiation of the Agreement will be satisfactory performance of the provider, availability of funds,priorities as established by the Area Agency on Aging, and need for the service. 14. This agreement may be terminated upon(30) days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the Area Agency on Aging. IN WITNESS WHEREOF,the parties hereto have executed this agreement on the first day above written. BOARD OF COUNTY COMMISSIONERS CHARLES J. CONNELL, ATTORNEY David E. Long,Chair " ,Qha� 'Connell, Attorney at Law UL - 92007 r� ≥ 1 WELD COUNTY AREA AGENCY K2,, �? a ON AGING test StQeliD €f 44/144, DIVISION OF HUMAN SERVICES We ounty Clerk to the Board B u ri G� z Depu Clerk the Board Waite peckman, Executive Director 7-/9O'7 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT,made and entered into this Is'day of July, 2007 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 Division of Human Services'Area Agency on Aging, hereinafter referred to as "AAA" and Rehabilitation and Visiting Nurse Association hereinafter referred to as"RVNA" 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,"RVNA" is a private,non-profit organization existing for the purpose of providing home health care services to residents of Weld County, and WHEREAS, "AAA"desires to purchase home health care for low-income elders from"RVNA," NOW THEREFORE, it is mutually agreed: I. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and State Funds) in the sum of$61,793 to"RVNA." 3. The"AAA"agrees to reimburse"RVNA" for all eligible project costs up to by not exceeding the sum of $60,293 at an hourly rate of$ 18.09 In addition, "AAA" agrees to reimburse"RVNA" for all eligible skilled services up to but not to exceed the sum of$1,500 at an hourly rate of$70.00 4. "RVNA" agrees to provide 3,333 units of homemaker/personal care for 92 seniors with the goal of serving 20 rural seniors and 12 Hispanic seniors. "RVNA agrees to provide 22 units of skilled nursing for 5 seniors with the goal of serving 1 rural elder, 1 Hispanic seniors. If skilled services are not needed during the contract period funds allocated to this service may be used to provide non-skilled services. 5. "RVNA"agrees to commence services with thirty(30)days after the signing of the Agreement and assure completion of all services required hereunder by June 30,2008. 6. "RVNA"agrees to document and report any project income received as a result of services provided under the Agreement. 7. "RVNA"agrees to include the following statement in any written materials(pamphlets,brochures, announcements,etc.)or in any verbal presentations: "RVNA" is supported, in part by funds provided by the Weld County Area agency on aging through the Older Americans Act." 8. "RVNA" 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"RVNA"to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded; and"RVNA" 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 do all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States Government. 9. Any changes, including any increase or decrease in the amount of"RVNA's"compensation, and including changes in budget allocations which are mutually agreed upon by and between the"AAA"and"RVNA", 1 2007-1907 shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. 10. "RVNA"understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. Agrees that the project will be carried out in accordance with the Federal program and fiscal regulations,the policies and procedures established for grants by the State Agency, and the terms and conditions of the project application approved by"AAA" in making this award of fund; specifically, agrees to abide by the dollar amounts as shown in the budget by program and cost categories. b. Understands that if there is Federal/State cash unearned at the time the project is terminated,this amount must be returned to the"AAA" unless the"AAA"otherwise stipulates. c. Understands that 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. Understands that 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. Agrees to 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, To submit monthly financial and programmatic reports to the"AAA"by the 10th of the following month; To submit a final financial report within 45 days after the end of the project year; To submit other reports to the"AAA" as requested; Maintain a computer system that will be able to manage all required"AAA"reporting software; Maintain internet access in order to transfer all required data to the"AAA". f. Agrees to advise the"AAA"of needed program and financial changes and await approval from the"AAA"prior to change implementation. g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of complaints/appeals and documentation of such processes. h. Agrees to have a client grievance policy which will address any alleged infractions of any federal state or local laws by `RVNA"against recipients of or applicants for services. i. Agrees to 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. k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another 2 federal grand or funds. Supplies, volunteer services,and other in-kind contributions shall be valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in- kind shall be verifiable from agency records. 11. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of the Agreement. 12. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 13. If any section, subsection paragraph, sentence,clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection,paragraph, sentence,clause, and phrase thereof irrespective of the fact that any one or more sections subsections, paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or invalid. 14. The term of this Agreement shall be from July 1,2007 through June,2008. The Agreement will be evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory performance of the provider, availability of funds,priorities as established by the Area Agency on Aging and need for the service. 15. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the AAA. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above. BO D OF COUNTY COMMISSIONERS Reh ilitation and Visiting Nurses Association David E. Long, hair stal Day, Presider CE JUL - 9 2007 WELD COUNTY HUMAN SERVICES gga }7Sp I ' , 6 t(* /J�x al r . S ckman, Executive Director qpI is iter111 k2,1 WELD C UNT REA AGENCY ON AGING \* \�-, C_ Eva M.Jew _ re or , 144t.......--• Weld County Clerk to the Board By tail uty Irk to the Bo rd 3 ,?c-r) 7-/%U 7 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT,made and entered into this I"day of July,2007 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 Division of Human Services'Area Agency on Aging,hereinafter referred to as"AAA"and Catholic Charities Northern hereinafter referred to as"CCN." 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,"CCN"is a private,non-profit organization existing for the purpose of providing outreach services to low- income and minority residents of Weld County,and WHEREAS,"AAA"desires to purchase outreach services for low-income minority seniors from"CCN," NOW THEREFORE,it is mutually agreed: 1. The"AAA"hereby agrees to award grant monies(Older Americans Act and State Funds)in the sum of$24,750 to "CCN." 2. "CCN"agrees to provide 500 units of direct one on outreach services to 100 Hispanic seniors with a goal of reaching 100 rural seniors,32 low income elders and 32 disabled seniors. The primary target for outreach services will be Hispanic seniors who are isolated,rural,low income and disabled. A minimum of 75%of the unduplicated seniors projected to be served must newly identified clients who have not been served by this contract in the past. "CCN"agrees to provide 20 units of group educational programs to 600 Hispanic seniors. The primary target for these outreach services will be Hispanic seniors who are isolated,rural,low income and/or disabled. 3. The"AAA"agrees to reimburse"CCN"for all eligible project costs up to by not exceeding the sum of$24,750. 4. "CCN"agrees to commence services with thirty(30)days after the signing of the Agreement and assure completion of all services required hereunder by June 30,2008. 5. "CCN"agrees to document and report any project income received as a result of services provided under the Agreement. 6. "CCN"agrees to include the following statement in any written materials(pamphlets,brochures,announcements,etc.) or in any verbal presentations:"CCN"is supported,in part by funds provided by the Weld County Area agency on aging through the Older Americans Act." 7. "CCN"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"CCN"to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded;and"CCN"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 do all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States Government. 8. Any changes,including any increase or decrease in the amount of"CCN's"compensation,and including changes in budget allocations which are mutually agreed upon by and between the"AAA"and"CCN",shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. 9. "CCN"understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. Agrees that the project will be carried out in accordance with the Federal program and fiscal regulations,the policies and procedures established for grants by the State Agency,and the terms and conditions of the project application approved by"AAA"in making this award of fund;specifically,agrees to abide by the 1 2007-/9O7 dollar amounts as shown in the budget by program and cost categories. b. Understands that if there is Federal/State cash unearned at the time the project is terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates. c. Understands that the projects fiscal affairs are subject to audit. If costs are disallowed,the proportion of Federal/State funds disallowed must be returned to the"AAA." d. Understands that 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. Agrees to 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, To submit monthly financial and programmatic reports to the"AAA"by the 10th of the following month; To submit a final financial report within 45 days after the end of the project year; To submit other reports to the"AAA"as requested; Maintain a computer system that will be able to manage all required"AAA"reporting software; Maintain Internet access in order to transfer all required data to the"AAA". f Agrees to advise the"AAA"of needed program and financial changes and await approval from the"AAA" prior to change implementation. g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of complaints/appeals and documentation of such processes. h. Agrees to have a client grievance policy which will address any alleged infractions of any federal state or local laws by`CCN"against recipients of or applicants for services. i. Agrees to 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. k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another federal grand or funds. Supplies,volunteer services,and other in-kind contributions shall be valued as described under 45 C.F.R.874.5. All matching contributions,including cash and in-kind shall be verifiable from agency records. 10. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of the Agreement. 11. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld,State of Colorado,to expend finds not otherwise appropriated in each succeeding year. 12. If any section,subsection paragraph,sentence,clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional,such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section,subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more sections subsections,paragraphs,sentences clauses,or phrases might be declared to be unconstitutional or invalid. 13. The term of this Agreement shall be from July 1,2007 through June 30,2008. The Agreement may be evaluated in March by both parties. The basis for renegotiation of the Agreement will be satisfactory performance of the provider, availability of funds,priorities as established by the Area Agency on Aging and need for the service. 2 14. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the AAA. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above. BO F COUNTY COMMISSIONERS CATHOLIC CHARITIES David E.Long,Chair Jim M ck, si en JUL - 9 2001 WEL CO TY AN SERVICES Ae Walt J p cm an,Executive Director 11;61 (/ . — $ WELD CO TY AREA AGENCY ON AGING Pa N%sit `mi. AO° m ut Eva M.Jewe , cter ATTEST: I Weld County Clerk to the Board B K D uty CI e o the Board 3 vito 7-/9a7 Hello