HomeMy WebLinkAbout20040290.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR LEGAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - CHARLES CONNELL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Purchase of Services Agreement for Legal
Services 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 Charles Connell, Attorney at Law, commencing January 1, 2004, and ending
December 31, 2004, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Purchase of Services Agreement for Legal Services 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 Charles Connell,
Attorney at Law, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of January, A.D., 2004, nunc pro tunc January 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W DCOU TY, COLOR DO
ATTEST: Lid E��
CC • Robert D. Masden, Chair
4
Weld County Clerk to trio B and `Le -
William H. Jerke, Pro-Tem
Deputy Clerk to the Board - ` EXCUSED
` M. eile
�APP V AS TO F CC.
vi E. Long
EXCUSED
Glenn Vaad
VDate of signature:
2004-0290
HR0075
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT,made and entered into this 1st day of January, 2004 by and between
the County of Weld, State of Colorado, by and through the Board of County Commissioners, on
behalfofthe 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".
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 2004. 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 January 1,2004 through December 31,2004. 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
Robert D. Masden, air C es onnell, Attorney at Law
JAN 2 1 2004
WELD COUNTY HUMAN SERVICES WELD COUNTY AREA AGENCY ON
AGING
Gds .t
Walt . eckman Executive DirecK7t
Eva M. Jewel , ctor
A`TEST: 11"`z"N
h ELD COUNTY CLEF f 0 ' t
BY: 0',_���
DEPUTY CLERK TO -p0
�,y-oayo
MEMORANDUM
ra
fDATE: January 13, 2004
' TO: Robert Masden, Chair, Weld County Board of
W�`P�. Commissioners
r
FROM: Walter Speckman, Executive Director, Division of Human CC'.,
COLORADO
Services
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 funds. The terms of
these agreements are from January 1, 2004 through December 31, 2004.
1. Purchase of Services Agreement between the Area Agency on Aging and Meal on Wheels
for$31,000 for 24,000 meals for 175 homebound elderly of Weld County.
2. Purchase of Services Agreement between the Area Agency on Aging and Catholic
Charities Northern for $22,500 to purchase 1275 units of outreach services to 170
isolated and homebound Hispanic elderly of Weld County to help them gain access to
needed services.
3. 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.
4. Purchase of Services Agreement between the Area Agency on Aging and North Range
Behavioral Health for$33,000 to provide 1,800 contact units of in-home peer counseling
to 95 older adults.
5. 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.
6. Purchase of Service Agreement between the Area Agency on Aging and RVNA Home
Health Care, Inc. for $21,175 to purchase 1,460 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.
2004-0290
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