HomeMy WebLinkAbout20060217.tiff RESOLUTION
RE: APPROVE FIVE PURCHASE OF SERVICE AGREEMENTS FOR OLDER AMERICANS
ACT PROGRAMS 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 five Purchase of Service Agreements for
Older Americans Act Programs 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 agencies, commencing January 1, 2006, and ending
December 31, 2006, with further terms and conditions being as stated in said agreements:
1) Meals on Wheels, Inc.
2) Eldergarden, Inc.
3) North Range Behavioral Health
4) Charles Connell, Attorney at Law
5) Rehabilitation and Visiting Nurse Association
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 five Purchase of Service Agreements for Older Americans Act Programs
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 agencies be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 16th day of January, A.D., 2006, nunc pro tunc January 1, 2006.
,- 11;" i BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: " 1 g1/42 /7 i
M. eile, Chair
Weld County Clerk to the 1- \ Fr _ p r
BY: .
1 i I uC{ • '� L .�� David E. Long, Pro-Te
D4 uty C rk to the Boa ` 1-. P
William H. Jerke •
ED AS M: EXCUSED
Robert D. Masden
Cori Attorney EXCUSED
Glenn Vaad
I 21 I oLc. 2006-0217
HR0077/9 •. r.jc C., c\
MEMORANDUM
a
rilitimi DATE: January 12, 2006
TO: Mike Geile, Chair, Weld County Board of Commissioners 1.
V��D�. �1 L
FROM: Walter Speckman, Executive Director, Division of Human
COLORADO Services
SUBJECT: Purchase of Service Agreements between the Area
Agency on Aging and local service providers
Enclosed for Board approval are five (5) Purchase of Services Agreements with local agencies to
provide services to frail, low-income older adults with Older Americans Act funds. The terms of
these agreements are from January 1, 2006 through June 31, 2006.
1. Purchase of Services Agreement between the Area Agency on Aging and Meal on Wheels
for $15,500 for 8,250 meals for 57 homebound elderly of Weld County.
2. Purchase of Services Agreement between the Area Agency on Aging and Eldergarden for
$25,000 to purchase 7,000 hours of adult day care for 65 frail elders.
3. Purchase of Services Agreement between the Area Agency on Aging and North Range
Behavioral Health for $16,500 to provide 900 contact units of in-home peer counseling to
110 older adults.
4. Purchase of Service Agreement between the Area Agency on Aging and Charles J.
Cornell, Attorney at Law for up to $3,200 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 Home
Health Care, Inc. for$10,578.50 to purchase 642 units of homemaker and personal care
for 30 older adults not qualifying for home health care services through any other third
party reimbursement.
Please call Eva Jewell at extension 3331 or Walt Speckman at extension 3317 if you have further
questions.
2006-0217
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT,made and entered into this 1"day of January, 2006 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 health care services to residents of Weld County,and
WHEREAS,"AAA"desires to purchase home health care for low-income elders from"MOW,"
NOW THEREFORE, it is mutually agreed:
1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act) in the sum of
$15,500 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 8,250 meals to approximately 57 seniors with a goal of reaching 20
rural elders, 15 Hispanic elders and 57 homebound elders. Homebound status must be re-
evaluated every 6 months.
4. "MOW"agrees to support the goal of a comprehensive and coordinated system of services by
maintaining regular participation on the Community Resource Network committee formerly know
as the Long Term Care Committee.
5. "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, 2006.
6. "MOW"agrees to document and report any project income received as a result of services
provided under the Agreement.
7. "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."
8. "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.
9. 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
-2t r' -oa/7
"AAA"and"MOW",shall be incorporated in written amendments to this Agreement and in
appropriate revisions to the grant proposal.
10. "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.
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 January 1,2006 through June 30, 2006. 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.
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 UNTY COMMISSIONERS MEALS ON WHEELS
MJ. Geile, air JAN 1 6 2006 ar Mar ret q , xe tiwe Directo
:i::::::i::r::::
Sor
j e
al
4,M WELD C EA AGENCY ON
Eva M. Jewe , r
ATTEST: g DD/ediat
We County Clerk to the Board
• 1
By: ' ^ L1ii Lz621
puty 'rk to the Boar
o7ccH Da/7
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT,made and entered into this 1 s`day of January,2006 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 providing home
health care services to residents of Weld County, and
WHEREAS,"AAA"desires to purchase home health care 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)in the sum of$12,500
to"Eldergarden."
2. "Eldergarden"agrees to provide 3 500 units of adult day care to 22 seniors with a goal of reaching 5 rural
seniors, 5 minority seniors and 22 disabled seniors.
3. The"AAA" agrees to reimburse"Eldergarden" for all eligible project costs up to by not exceeding the sum
of$12,500 at an hourly rate of$3.57.
4. "Eldergarden"agrees to support the goal of a comprehensive and coordinated system of services by
maintaining regular participation on the Community Resource Network committee formally known as the
Long Term Care Coordinating Committee.
5. "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 30,2006.
6. "Eldergarden" agrees to document and report any project income received as a result of services provided
under the Agreement.
7. "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."
8. "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.
9. 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
1
to the grant proposal.
10. "Eldergarden"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 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
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 phase thereof irrespective of the fact that any one or more
sections subsections,paragraphs,sentences clauses, or phases might be declared to be unconstitutional or
invalid.
14. The term of this Agreement shall be from January 1,2006 through June 30,2006. The Agreement will 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.
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 CO TY COMMISSIONERS ELDERGARDEN
L / 4411.6iv IXvd M.J. Geile, Chair JAN 1 6:2°q6 Ju y Van Eg L Executive ctor
Elea
WELD COUNTY HUMAN SERVICES
IEEI //��✓/1`/�/
Wa11erd' p an, Executive Director
72
(f WELD Y A A AGENCY ON AGING
/�/ Eva M. Jew I it for
ATTEST: /b/ /G') a
Weld County Clerk to the Board
By: kt,v 1 (1 ' 1
puty erk to the B rd
3
ovid; - Do7/2
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT,made and entered into this 1St day of January, 2006 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 home
health care services to residents of Weld County,and
WHEREAS,"AAA"desires to purchase home health care for low-income elders 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$16,500
to"NRBH."
2. "NRBH" agrees to provide 900 units of Peer Counseling to 55 older adults with the goal of serving 15 rural
elders and 8 Hispanic elders and 10 disabled older adults
3. The"AAA" agrees to reimburse"NRBH"for all eligible project costs up to by not exceeding the sum of
$16,500 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, 2006.
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",
shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant
1
2i0 -e"2/2
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 FederalState 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 January 1,2006 through June 30,2006. 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 CO /TTY COMMISSIONERS NORTH RANGE BEHAVORAL HEALTH
M. �GeiTe,Chair JAN 2006 Wayne NSaxwel tive Director
Elsa
4 t4fl WELD COUNTY HUMAN SERVICES
N` Li:,. s/h ` / /
13"1 6r't!' ?'�- '"� Walt p kman, Executive Director
` ."-A,.. WEL C TY AREA AGENCY ON AGING
� � . Eva Je irector
1 �ATTEST: G4
Weld County Clerk to the Board
J
By: .. 1,i" � G 1,6/1/1
puty C k to the Boar
3
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of January, 2006 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".
(&6o6 -A19/-7
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 2006. 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
$3,750. 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 January 1, 2006 through June 30, 2006. 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
"
M. . Gel e, AN 1 6 2006 planes J Connell, Attorney at Law
IS WELD COUNTY AREA AGENCY
d s ON AGING MI lz,`CC�y' i a l'+�QV y1,
�' Eva M. e Director
7' et4
ATTEST:
DIVISION OF HUMAN SERVICES
Weld County Clerk to the Board
Dep Cler to the Board Walter(I' peckkman, Executive Director
cQCe ov - Cv2/7
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1s' day of January, 2006 by 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)in the sum of
$10,587.50 to"RVNA."
2. "RVNA" agrees to provide 642 units of home health care for 30 older adults with the goal of serving 5
rural elders and 4 Hispanic elders.
3. The"AAA" agrees to reimburse"RVNA" for all eligible project costs up to by not exceeding the sum of
$10,587.50 at an hourly rate of$16.50
4. "RVNA" agrees to support the goal of a comprehensive and coordinated system of services by maintaining
regular participation on the Community Resource Network committee formerly known as the Long Term
Care Coordinating Committee.
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, 2006.
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",
shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant
o7ed6' - G'217
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.
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 January 1, 2006 through June 30, 2006. 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.
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 CO Y COMMISSIONERS Rehab' itation and Visiting Nurse Association
�t!
M, J. G ale,Chaim JAN 1 6 2006
ystal Day, President/CEO
E JLa WELD COUNTY HUMAN SERVICES
361 �-
oa Walt r . S ckman, Executive Director
WELD COUNTY AREA AGENCY ON AGING
�/� „ t Eva M.Jew , D rector
G/�/%,/v///ATTEST:
dr
Weld County Clerk to the Board
By: Vt141 1771111
puty C rk to the Boar
3
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