HomeMy WebLinkAbout20030513.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE 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 Service 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, commencing January 1, 2003, and ending
December 31, 2003, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Purchase of Service Agreement 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, 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 24th day of February, A.D., 2003, nunc pro tunc January 1, 2003.
BOA OF COUNTY COMMISSIONERS
WELD N COLO O
Ez
ATTEST: gf�O �/ �� '� ,`
(1861 vid E. Long, hair
Weld County Clerk to th 4:,r O 4a.
1 S, . 4 Robe D. M den, Pro-Tem
BY: -' • �I_!�a._ ! ►` _
Deputy Clerk to the Board
M. J eile
J
�AP VE[I AS TO •
" Willia�,�nnH. Jerk/e/
n A .�Z C�z�GI L/
Glenn Vaad
Date of signature: 3�
2003-0513
001 .7( HR0074
i /7�j
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of January, 2003 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".
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
libraryuseofofficephone,alongwithprovidinglimitedwordprocessing,usualcopyingfees
and ordinary postage expenses, all with a value of a least ten-percent (10%) of the total
received from this agreement during 2003. It is agreed that"CONNELL"shall continue to
providehisownProfessionalLiabilityInsurance.The"AAA"legal assistant shallbeinsured
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 anysection,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 1,2003 through December 31,2003.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 (e2 aeo3) -Char . Connell, Attorney at Law
WELDCOUNTYHUMANSERVICES WELDCOUNTY AREA AGENCY ON
AGING
Via
Walter J. Speckman Executive Director va . v ell`,i irect u r
ATTEST: ' vi- N'a
WELD COUNTY CLERK FIrn '7' 49
BY:
DEPUTY CLERK TO " A;$4*
UNI
aOO3-O5Q
MEMORANDUM
KikDATE: February 18, 2003 —
TO: David Long, Chair, Weld County Board of
CCommissioners t
COLORADO FROM: Walt Speckman, Executive Director, Division of \ WL
Human Services
SUBJECT: Purchase of Service Agreement between the
Weld County Area Agency on Aging and
Charles Connell for FY 2003
Enclosed for board approval is a purchase of services agreement between the Weld County
Agency on Aging and Charles Connell, Elder Law Attorney. The contact purchases legal services
at the rate of $32.50 per hour for consultation and $42.50 per hour for court appearance but not
to exceed the sum of $7,500. The attorney also provides supervision of the Weld County Araa
F ancy on Aging Senior Citizen Law Project. The contact period is January 1, 2003 throe ;h
Dctinber 31, 2003.
If you have additional questions, please contact Eva Jewell, Director of the Weld County Area
AC Jncy on Aging at 353-3800, extension 3331.
2003-0513
Hello