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Home My WebLink About20231606.tiffConlva 1' q6Z3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Professional Services Agreement Amendment #2 with various Service Providers through Request for Proposal (RFP) Bid #B2300042 DEPARTMENT: Human Services DATE: June 3, 2025 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problemlissue: The Department entered into Professional Service Agreements (PSA) with various Service Providers through Request for Proposal (RFP) Bid #B2300042, identified as Tyler ID 2023-0507. These Agreements were issued for a period of one (1) year with the option to renew for three (3) additional one (1) year terms upon mutual written agreement. The Department is now requesting to amend the current agreements to extend the terms and to modify the scopes and rates as noted below. CMS ID Provider!Term Services Provided Tyler# FY 26 Budget 9522 Catholic Charites Term: July 1, 2025 to June 30, 2026 Case Management Services and Outreach 2023-1365 $75,000.00 9523 Colorado Legal Services Term: July 1, 2025 to June 30, 2026 Legal Services 2023-1606 $25,000.00 9524 Meals on Wheels Term: July 1, 2025 to June 30, 2026 Home Delivery Meals 2023-1367 $100,000.00 9525 North Range Behavioral Health Term: July 1, 2025 to June 30, 2026 Peer Counseling Services 2023-1364 $40,000.00 9526 Senior Resource Service (60+ Ride) Term: July 1, 2025 to June 30, 2026 Transportation Services 2023-1366 $35,000.00 What options exist for the Board? Approval of Amendment #2 to the PSAs listed above. Deny approval of Amendment #2 to the PSAs listed above. Consequences: The Department will not have current agreements with the above providers. Impacts: The Department will not be able to offer services to eligible clients in Weld County. Costs (Current Fiscal Year t Ongoing or Subsequent Fiscal Years): Funded through Older American Act Grant funding. Pass -Around Memorandum; June 3, 2025 - CMS ID Various Qt Y1} - cc: onlool�e(D ) 2023-( lo0to �o/11 /ZS �°� l2 ISO c 5 Recommendation: • Approval of Amendment #2 to the Professional Services Agreements and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross tg.6' , Via Prncu..a Pass -Around Memorandum; June 3, 2025 - CMS ID Various Karla Ford From: Sent: To: Subject: Scott James Tuesday, June 3, 2025 12:45 PM Karla Ford Re: Please Reply - PA FOR ROUTING: HCS Various OAA PSA Amendments (CMS Various) Importance: High I support - thanks! COUNTY, CO Scott K. James Weld County Commissioner Office: 970 400-4200/Cell : 970-381-7496 P.O. Box 758, 1150 O St., Greeley, CO 80632 On Jun 3, 2025, at 12:41 PM, Karla Ford <kford@weld.gov>wrote: From: Karla Ford Sent: Monday, June 2, 2025 7:30 AM To: Scott James <sjames@weld.gov> Subject: Please Reply - PA FOR ROUTING: HCS Various OAA PSA Amendments (CMS Various) Importance: High Please advise if you support recommendation and to have department place on the agenda. <image004.jpg> Karla Ford Office Manager & Executive Assistant Board of Weld County Commissioners Desk: 970-400-4200/970-400-4228 P.Q. Box 758, 1150 O St., Greeley, CO 80632 AGREEMENT AMENDMENT BETWEEN WELD COUNTY AND COLORADO LEGAL SERVICES This Agreement Amendment made and entered into day of ,jWAQ., , 2025 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and Colorado Legal Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Legal Services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-1606, approved on June 7, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement was set to end on June 30, 2024. • The Original Agreement was amended on: • June 19, 2024 to extend the term date through June 30, 2025 and amend Exhibit D, Modified Scope and Rates. • The Amendments are identified by the Weld County Clerk to the Board of County Commissioners as document number 2023-1606. • These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement effective July 1, 2025: 1. Paragraph 3. Term This agreement is being renewed for the third year, for the period of July 1, 2025 through June 30, 2026. 2. Exhibit D, Modified Scope and Rates is amended as attached. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: W4T14/df4• Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO l kiml. I I iiJiaa 00°"""%t---, u Deputy Clerk to the Bo.}� � �' �. ck, Chair RACTOR: lorado Legal Services 912 8th Avenue Greeley, Colorado 80631 By: JUN 1 12025 Matt Baca, Executive Director 06/04/2025 Date: z_0Z3 -I 1QcLp Exhibit D Modified Scope and Rates Exhibit D addresses the funding, specific Scope of Services, Rates, and Performance Measurements based on the awarded grant monies issued by the County. 1. Funding Contractor will receive the following award as noted in the table below for the period July 1, 2025 to June 30, 2026 for Legal services: $ 25,000.00 Total Grant Award The County agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate(s) specified in Section 2, Services and Rates. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the County, the County may immediately terminate the Agreement or amend it accordingly. 2. Service and Rates County agrees to pay Contractor for services outlined below, not to exceed the total grant award as noted in Section 1, Funding. Unit Rate $ 100.00 Service Description Le.al Services Contractor agrees to provide 250 units to approximately 90 unduplicated older adults with the goal of reaching 18 minority adults, 64 low-income, and 18 rural older adults. 3. Terms Contractor agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services under this agreement by the end of the period dated in Section 1, Funding. Contractor agrees to document and report any program income received as a result of services provided under the Agreement. Contractor agrees to include the following statement in any written materials (pamphlets, brochures, announcements, websites, etc.) or in any verbal Exhibit D Modified Scope and Rates presentations: Contractor is supported, in part by funds provided by the Weld County Area Agency on Aging through the Older Americans Act. Contractor understands that County is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded; and Contractor accordingly agrees to cooperate fully with the County 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 County for the purpose of audit; and further agrees to do all things necessary to enable County to fulfill its obligation to the State of Colorado and the United States Government. Furthermore, if Contractor submits invoices to the County and receives reimbursement for services provided to clients who are later determined to be ineligible, Contractor agrees to repay those funds to the County in full upon request. Any changes, including any increase or decrease in the amount of Contractor's compensation, and including changes in budget allocations which are mutually agreed upon by and between the County and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. Contractor understands and agrees: a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of the County, the Older Americans Act, Volume 10 Code of Colorado Regulations and the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by the County. b. Understands that if there is Federal/State program income unearned at the time the project is terminated, this amount must be returned to the County unless the County 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 County. 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 Exhibit D Modified Scope and Rates County and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial invoices and programmatic reports to the County by the 10th of the following month; ii. To submit other reports to the County as requested; iii. Maintain a computer system that will be able to manage all required County reporting software; iv. Maintain internet access in order to transfer all required data to the County. f. Agrees to advise the County of needed program and financial changes and await approval from the County 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 Contractor 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 Contractor. 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 an inability and/or choice not 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 grant 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. I. Agrees to perform background checks of all employees, volunteers or subcontractors pursuant to C.R.S. 27-1-110 and in accordance with the policy of the County and the State Unit on Aging. Exhibit D Modified Scope and Rates m. The County may also recover, at the County's discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants, or agreements between the County and Contractor, or by any other appropriate method for collecting debts owed to the County. 4. Performance Measures a. The Performance Measures Process. As set forth and defined herein, "Performance Focus" is a performance - based analysis strategy the Parties shall use in association with the Contractor's performance hereunder that allows the Parties to better focus on and improve performance outcomes to obtain maximum benefits from the work of the Contractor under this Contract. By identifying areas of focus, the Parties shall determine what aspects of the Contractor's performance hereunder are working and what aspects of said performance need improvement. By measuring the impact of day-to-day work of the Contractor hereunder, the Parties will be able to make more informed collaborative decisions to align the work of the Contractor to affect more positive performance outcomes and change for the purposes served through this Contract. b. Performance Measures Reports. Performance Measures Reports shall reflect relevant report data for the Performance Measures identified hereunder to be tracked on an ongoing basis through the Contract Performance Focus process. Performance Measures shall continue to evolve to meet the objective of measuring key performance outcome indicators for the work of the Contractor hereunder. Performance Measures may be changed via a contract amendment. c. Contract Performance Measures The Contractor agrees on the following initial Performance Measures: i. Measure: The Contractor shall increase unduplicated consumers served in comparison to the same month in the previous fiscal year. ii. Measure: In a consumer satisfaction survey provided by the State Unit on Aging (SUA) the contractor shall provide surveys to one hundred percent (100%) of registered consumers within the contractor's region during the month of February. The results shall be summarized by the contractor and submitted to the County by May 1st, unless otherwise requested by the County by a different date. The summarized results shall show the following measures: iii. Consumer Satisfaction Survey results shall show a minimum of ninety percent (90%) positive response. SIGNATURE REQUESTED: Weld/CO Legal Services Amendment #2 Final Audit Report 2025-06-04 Created: 2025-06-04 By: Sara Adams (sadams@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAAAdU7vG3BBTDFWeA-uPpDB0sBTF91D7jI "SIGNATURE REQUESTED: Weld/CO Legal Services Amendm ent #2" History ,t Document created by Sara Adams (sadams@weld.gov) 2025-06-04 - 2:40:29 PM GMT- IP address: 204.133.39.9 '► Document emailed to mbaca@colegalserv.org for signature 2025-06-04 - 2:40:46 PM GMT t Email viewed by mbaca@colegalserv.org 2025-06-04 - 4:53:13 PM GMT- IP address: 50.243.155.181 de Signer mbaca@colegalserv.org entered name at signing as Matthew Baca 2025-06-04 - 4:58:36 PM GMT- IP address: 50.243.155.181 de Document e -signed by Matthew Baca (mbaca@colegalserv.org) Signature Date: 2025-06-04 - 4:58:38 PM GMT - Time Source: server- IP address: 50.243.155.181 0 Agreement completed. 2025-06-04 - 4:58:38 PM GMT Powered by Adobe Acrobat Sign Contract Entity Information Entity Name* Entity ID* COLORADO LEGAL SERVICES @00028264 Q New Entity? Contract Name* Contract ID Parent Contract ID COLORADO LEGAL SERVICES - AMENDMENT #2 9523 20231606 Contract Status Contract Lead * Requires Board Approval CTB REVIEW SADAMS YES Contract Lead Email Department Project # sadams@weld.gov;cobbx xlk@weld.gov Contract Description" AMENDMENT #2 TO THE PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES FROM BID# B2300042 REFERENCED AS TYLER ID# 2023-0507. THIS AMENDMENT EXTENDS THE TERMS TO 7/1/25 TO 6/30/26 AND MODIFIES THE SCOPE AND RATES. Contract Description 2 PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 06/03/25. Contract Type * AMENDMENT Amount* $25,000.00 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 06/07/2025 06/11/2025 Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 04/30/2026 Termination Notice Period Contact Information Committed Delivery Date Expiration Date* 06/30/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/09/2025 06/09/2025 06/09/2025 Final Approval BOCC Approved Tyler Ref # AG 061125 BOCC Signed Date Originator SADAMS BOCC Agenda Date 06/11/2025 covrhAc+ibil8280 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Professional Services Agreement Amendment #1 with various Service Providers through Request for Proposal (RFP) Bid #B2300042 DEPARTMENT: Human Services DATE: June 4, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department entered into Professional Service Agreements (PSA) with various Service Providers through Request for Proposal (RFP) Bid #B2300042, identified as Tyler ID 2023- 0507. These Agreements were issued for a period of one (1) year with the option to renew for three (3) additional one (1) year terms upon mutual written agreement. The Department is now requesting to amend the current agreements to extend the terms and to modify the scopes and rates as noted below. CMS ID Provider/Term Services Provided Tyler# FY 25 Bud et 8280 Colorado Legal Services Term: July 1, 2024 to June 30, 2025 Legal Services 2023-1606 $54,000.00 8279 Catholic Charites Term: July 1, 2024 to June 30, 2025 Case Management Services and Outreach 2023-1365 $113,760.00 8281 North Range Behavioral Health Term: July 1, 2024 to June 30, 2025 Peer Counseling Services 2023-1364 $78,000.00 8282 Meals on Wheels Term: July 1, 2024 to June 30, 2025 Home Delivery Meals 2023-1367 $189,000.00 8278 Senior Resource Service (60+ Ride) Term: July 1, 2024 to June 30, 2025 Transportation Services 2023-1366 $67,800.00 What options exist for the Board? Approval of Amendment #1 to the PSAs listed above. Deny approval of Amendment #1 to the PSAs listed above. Consequences: The Department will not have current agreements with the above providers. Impacts: The Department will not be able to offer services to eligible clients in Weld County. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • Funded through Older American Act Grant funding. Pass -Around Memorandum; June 4, 2024 CMS _ID V ions Con5e.ntr C� (///q7.2 0/ 9/2q Zv23-11c Q 4195 Recommendation: • Approval of Amendment #1 to the Professional Services Agreements and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Pass -Around Memorandum; June 4, 2024 — CMS ID Various AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO LEGAL SERVICES This Agreement Amendment made and entered into 1 t i,1day of l\U)A.Q, , 2024 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and Colorado Legal Services, Inc, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Legal Services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-1606, approved on June 7, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on June 30, 2024. This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement effective July 1, 2024: 1. Paragraph 3. Term This agreement is being renewed for the second year, for the period of July 1, 2024 through June 30, 2025. 2. Exhibit D, Modified Scope and Rates is amended as attached. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD COUNTY, Deputy Clerk to the vin D. Ross, Chair JUN 1 9 224 TRACTOR: Colorado Legal Services 912 8th Avenue Greeley, Colorado 80631 By: Matt Baca, Executive Director May 22, 2024 Date: 2o23-1 bob Exhibit D Modified Scope and Rates Exhibit D addresses the funding, specific Scope of Services, Rates, and Performance Measurements based on the awarded grant monies issued by the County. 1. Funding Contractor will receive the following award as noted in the table below for the period July 1, 2024 to June 30, 2025 for Legal services: $ 54,000.00 I Total Grant Award The County agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate(s) specified in Section 2, Services and Rates. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof In the event that said funds, or any part thereof, become unavailable as determined by the County, the County may immediately terminate the Agreement or amend it accordingly. 2. Service and Rates County agrees to pay Contractor for services outlined below, not to exceed the total grant award as noted in Section 1, Funding. Unit Rate $ 100.00 Sees ice Description Leval Services Contractor agrees to provide 540 units to approximately 200 unduplicated older adults with the goal of reaching 40 minority adults, 140 low-income, and 40 rural older adults. 3. Terms Contractor agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services under this agreement by the end of the period dated in Section 1, Funding. Contractor agrees to document and report any program income received as a result of services provided under the Agreement. Contractor agrees to include the following statement in any written materials (pamphlets, brochures, announcements, websites, etc.) or in any verbal presentations: Contractor is supported, in part by funds provided by the Weld County Area Agency on Aging through the Older Americans Act. Exhibit D Modified Scope and Rates Contractor understands that County is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded; and Contractor accordingly agrees to cooperate fully with the County 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 County for the purpose of audit; and further agrees to do all things necessary to enable County to fulfill its obligation to the State of Colorado and the United States Government. Any changes, including any increase or decrease in the amount of Contractor's compensation, and including changes in budget allocations which are mutually agreed upon by and between the County and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. Contractor understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of the County, the Older Americans Act, Volume 10 Code of Colorado Regulations and the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by the County. b. Understands that if there is Federal/State program income unearned at the time the project is terminated, this amount must be returned to the County unless the County 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 County. 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 County and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial invoices and programmatic reports to the County by the 10th of the following month; ii. To submit other reports to the County as requested; iii. Maintain a computer system that will be able to manage all required Exhibit D Modified Scope and Rates County reporting software; iv. Maintain internet access in order to transfer all required data to the County. f. Agrees to advise the County of needed program and financial changes and await approval from the County 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 Contractor 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 Contractor. .1• 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 an inability and/or choice not 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 grant 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. 1. Agrees to perform background checks of all employees, volunteers or subcontractors pursuant to C.R.S. 27-1-110 and in accordance with the policy of the County and the State Unit on Aging. Exhibit D Modified Scope and Rates 4. Performance Measures a. The Performance Measures Process. As set forth and defined herein, "Performance Focus" is a performance -based analysis strategy the Parties shall use in association with the Contractor's performance hereunder that allows the Parties to better focus on and improve performance outcomes to obtain maximum benefits from the work of the Contractor under this Contract. By identifying areas of focus, the Parties shall determine what aspects of the Contractor's performance hereunder are working and what aspects of said performance need improvement. By measuring the impact of day-to-day work of the Contractor hereunder, the Parties will be able to make more informed collaborative decisions to align the work of the Contractor to affect more positive performance outcomes and change for the purposes served through this Contract. b. Performance Measures Reports. Performance Measures Reports shall reflect relevant report data for the Performance Measures identified hereunder to be tracked on an ongoing basis through the Contract Performance Focus process. Performance Measures shall continue to evolve to meet the objective of measuring key performance outcome indicators for the work of the Contractor hereunder. Performance Measures may be changed via a contract amendment. c. Contract Performance Measures The Contractor agrees on the following initial Performance Measures: i. Measure: The Contractor shall increase unduplicated consumers served in comparison to the same month in the previous fiscal year. ii. Measure: In a consumer satisfaction survey provided by the State Unit on Aging (SUA) the contractor shall provide surveys to one hundred percent (100%) of registered consumers within the contractor's region during the month of February. The results shall be summarized by the contractor and submitted to the County by May 1st, unless otherwise requested by the County by a different date. The summarized results shall show the following measures: iii. Consumer Satisfaction Survey results shall show a minimum of ninety percent (90%) positive response. SIGNATURE REQUESTED: Weld/CO Legal Services Amendment #1 Final Audit Report 2024-05-22 Created: 2024-05-21 By: Sara Adams (sadams@weld.gov) Status: Signed Transaction ID: CBJCFBCAABAAg7YC3FkcJQd4Pt-whpGkPhw97cNvhsYD "SIGNATURE REQUESTED: Weld/CO Legal Services Amendm ent #1" History t Document created by Sara Adams (sadams@weld.gov) 2024-05-21 - 9:34:43 PM GMT- IP address: 204.133.39.9 E Document emailed to mbaca@colegalserv.org for signature 2024-05-21 - 9:35:27 PM GMT n Email viewed by mbaca@colegalserv.org 2024-05-22 - 4:58:13 PM GMT- IP address: 63.157.11.122 ® Signer mbaca@colegalserv.org entered name at signing as Matthew Baca 2024-05-22 - 5:05:20 PM GMT- IP address: 63.157.11.122 d Document e -signed by Matthew Baca (mbaca@colegalserv.org) Signature Date: 2024-05-22 - 5:05:22 PM GMT - Time Source: server- IP address: 63.157.11.122 CD Agreement completed. 2024-05-22 - 5:05:22 PM GMT Powered by Adobe Acrobat Sign ./AC -01?"' COLOLEG-01 CERTIFICATE OF LIABILITY INSURANCE MHOFF DATE (MM/DD/YYYY) 12/1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License# 0757776 NA em Nancy Rosenbach HUB International Insurance Services (COL) 111 S Tejon Street rat, Ext): (303) 291-2004 I ac, No):(866) 243-0727 Colorado Springs, CO 80903 Mass: nancy.rosenbach@hubInternational.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Sentinel Insurance Company, Ltd. 11000 INSURED INSURER B: Pin nacol Assurance Company 41190 Colorado Legal Services Inc. INSURER c: Hartford Fire Insurance Company 19682 1905 Sherman St Ste 400 Denver, CO 80203 INSURER D : Twin City Fire Insurance Company 29459 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TTTTTYPE OF INSURANCE ADD. SUER veg. WS POLICY NUMBER POLICY EFF fMMIDD/YYYYL-(MMfDD/YYYY1 POL{CY EXP LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 34SBAPP3232 12/1/2023 12/1/2024 EACH OCCURRENCE $ 1,000,000 ? aoecu encel $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: POLICY ❑ j))9 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY _ ANY AUTO OWNED _ AUTOS ONLY X H RED _ A�TOS ONLY SCHEDULED AUTOS x NON -OWNED AUTOS ONLY x 34SBAPP3232 12/1/2023 12/1/2024 COMBINED SINGLE LIMIT (Ea accident/ $ 1,000,000 BoDILYINJURY(per person) $ BODILY INJURY (Per accident) $ PROPER DAMAGE (Per acci�t) $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 34SBAPP3232 12/1/2023 12/1/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE g 5,000,000 DED 1 x 1 RETENTIONS 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �,! N ANY PROPRIETORiPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory m NH) If yes, describe VO DESCRIPTION OF OPERATIONS below X N / A 521222 12/1/2023 12/1!2024 X I PER I 1OTH- STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ C D Crime Cyber Liability 34 FA 0280436-23 34 MB 0280438-23 12/1/2023 12/26/2023 12/1/2024 12/1/2024 Employee Theft 1,000,0001 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is reggwired) Weld County Government is included as additional insured under Businessowners Liability and Automobile Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Government THE EXPIRATION DATE WITH THE POLICY THEREOF, ACCORDANCE IO TICE WILL BE DELIVERED IN 1150 O Street Greeley, CO 80631 I AUTHORIZED REPRESENTATIVE E ql(L'e ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract For Entity Information Entity Name* Entity ID* COLORADO LEGAL SERVICES @00028264 Contract Name* COLORADO LEGAL SERVICES - AMENDMENT #1 Contract Status CTB REVIEW Q New Entity? Contract ID 8280 Contract Lead * SADAMS Contract Lead Email sadams@weld.gov;cobbx xlk@weld.gov Parent Contract ID 20231606 Requires Board Approval YES Department Project # Contract Description* AMENDMENT #1 TO THE PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES FROM BID# B2300042 REFERENCED AS TYLER ID# 2023-0507. THIS AMENDMENT EXTENDS THE TERMS TO 7/1 /24 TO 6/30/25 AND MODIFIES THE SCOPE AND RATES. Contract Description 2 PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 06/05/24. Contract Type* AMENDMENT Amount* $ 54,000.00 Renewable* YES Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date* 06/12/2024 Due Date 06/08/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 04/30/2025 Renewal Date* 06/30/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/12/2024 06/14/2024 06/14/2024 Final Approval BOCC Approved Tyler Ref # AG 061924 BOCC Signed Date Originator SADAMS BOCC Agenda Date 06/19/2024 bob/ad-11)4-165Z PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND COLORADO LEGAL SERVICES THIS AGREEMENT is made and entered into this --nay of 0WAIL, , 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services' Area Agency on Aging, hereinafter referred to as "County," and Colorado Legal Services, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Proposal (RFP) as set forth in Bid Package No. B2300042 which is incorporated into this agreement by reference and will be provided upon request to the Department. The RFP contains all of the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Proposal. The response confirms Contractor's obligations under this Agreement. Exhibit C consist of the Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement. Exhibit D consists of a modified Scope of Work and Rates based on the actual award amount. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure eanserrf nvda- lo/1/Z3 2023-1606 4120695 to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement shall be from July 1, 2023, through June 30, 2024, unless sooner terminated as provided herein. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be renewed for 3 (three) additional one-year terms upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Amendment, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. County agrees to pay Contractor through an invoice process during the course of this Agreement in accordance with the Rate Schedule as described as Exhibit D. Contractor agrees to submit invoices which detail the work completed by Contractor. The County will review each invoice and if it agrees Contractor has completed the invoiced items to the County's satisfaction, it will remit payment to the Contractor. No payment in excess of that set forth in the Exhibits will be made by County unless an Amendment authorizing such additional 2 payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or 3 individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. 4 Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury; $50,000 any 1 fire, $5,000 Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. Privacy Insurance Liability Insurance covering all loss of County and State Confidential Information, such as Personal Identifiable Information (PII), Protected Health Information (PHI), Payment Card Information (PCI), Tax Information, and Criminal Justice Information (CJI), and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: $1,000,000 each occurrence; and $2,000,000 general aggregate. Notwithstanding if Contractor has Confidential Information for 10 or fewer individuals or revenue of $250,000 or less, Contractor shall maintain limits of not less than $50,000. Notwithstanding if Contractor has Confidential Information for 25 or fewer individuals or revenue of $500,000 or less, Contractor shall maintain limits of not less than $100,000. b. Proofof Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. 5 c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County and the State of Colorado, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, 6 at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Matt Baca Position: Executive Director Address: 912 8th Avenue Address: Greeley, Colorado 80631 E-mail: mbaca@colegalserv.org TO COUNTY: Name: Jamie Ulrich Position: Director of Human Services Address: 315 North 11th Avenue, Building A Address: Greeley, Colorado 80634 E-mail: ulrichjj@weld.gov Phone: 970-400-6510 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 8 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 9 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. C(STIT: ATTEST: dzi°N1J `""' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Deputy C k to �* :7:`i'• < � � � Mike Freeman, Chair JUN 0 7 2023 Colorado Legal Services 912 8th Avenue Greeley, Colga.A. 80631 By: Matthew Baca (May 30, 2023 16:07 MDT) Matt Baca, Executive Director Date: May 30, 2023 10 pCt%2a -/6O(o Exhibit A WELD COUNTY'S REQUEST FOR PROPOSAL (Weld County's Request for Proposal is incorporated into this agreement by reference and will be provided upon request to the Department.) This page is intentionally left blank Exhibit B rea Agency on Aging Grant Application Packet This workbook contains : Enter amounts the in whole following dollars. tabs, Do alt not of override which -grayed must out be formula completed: cells. Cover Sheet Information regarding the application agency, and funding requesting, Program Expenditures Proposed for which budget the applicant of direct agency expenditures is seeking for funding. the operation of the program Program Funding Sources of Proposed by Complete Program the program, Sources budget Local of for Cash of direct which Funding Match sources the applicant and tab.) In of -Kind funding agency tabs anticipated prior will to be completing operating. to be generated the (NOTE: Local Cash Match Itemized program. Funding Sources tab, of list (NOTE: Funding of as local the Complete cash amounts tab.) to this be from generated tab this prior tab and to completing will used transfer in the to Program operation the Program Sources of the of In -Kind Match Itemized operation Program to the Program list of Sources of the in Sources -kind program. of Funding contributions of (NOTE: Funding tab, Complete as tab,) the to be amounts generated this tab from and prior this used to tab completing in will the transfer Services & Clients Summary 1, 2019 - of June projected 30, 2020) service units, clients, and unit costs for FY 2020 (July a'i The 1' . following -. `• - � . - - ;�i �1' -,�+ ... items . must,also be attached ', , .r� to .... the �. grant R f application•, � � :.l .c. o:S;j'.v 1'. !l'�1 4 .]l•... K x.}L, kS.r�•ti=`�-yvai;t-)��3��., s.�, . •, }�:,.,�,•r :-,µ� ,: .* I. X11, .. i. I ..ql. l . i t 1. 7 Annual recently financial completed statements, 12 month reflecting fiscal year. the operations of the applicant agency for the most Applicant Agency's current year to date financial statements for its current fiscal year. Applicant Agency's current fiscal year operating budget, l Exhibit B Older American Act Grant Application Packet - Fiscal Cover Sheet Project Period: July 1, 2023 - June 30, 2024 County to be Served: Weld Applicant Agency's Program Title for Services to be Provided: Weld County Senior Legal services Program First Time Applicant i _ X [Prior Applicant ("X" one) Category of Service to be Provided ("X" only one box. A separate application must be completed for each service in which funding is sought.) X Access Services Community Services Nutrition Services Amount of Program Funding Requested: (Enter the amount from line h of the Program - Expenditures tab.) 90,000 Applicant Agency's Information Agency Name: Agency Director's Name: Phone Number: Program Director's Name: Title: Phone Number: s - Agency Type: X Public Agency Non -Profit Agency Mailing Address: Physical Address: (If different from Mailing Address) i Colorado Legal Services i i Jonathan D. Asher i Kathryn Hall Managing Attorney - Greeley Field Office 970-353-7554 X115 Private For Profit Agency Other: 912 8th Avenue Greeley, CO 80631 Terms and Conditions: It is understood and agreed by the undersigned that: 1). Funds granted as a result of this request are to be expended for the purpose set forth herein and In accordance with all applicable laws, regulations, policies, and procedures of the WCAAA, the State of Colorado, and the Older Americans Act; 2). any proposed changes in the proposal will be submitted In writing by the applicant and upon notification of approval by the WCAAA Aging Services Division shall become part of this agreement; and 3). funds awarded as a result of this application may be terminated at any time for violations of any terms or requirements of this agreement, or for any unanticipated funding modifications. Signature: (Must be that of Applicant Agency Representative lawfully authorized to enter into agreements on behalf of the agency and bind the agency to such agreements.) Name: Email: Jonathan D. Asher `11(C141 t!./t 1l 1\,, Sigpatu e iachPrna rnleaalcPnJ orv- Title: Executive Director Ii3 S Date Exhibit B Proposed Program Budget - Expenditures App Colorado Legal Services Prof Senior Legal Services Description Program Expense (Round to Whole Number) Personnel ( List and percentage each (Salary & Wages) position directly working on this program of time expended on this program.) separately, specifying annual salary Karin Troendle - $99,930 - 10% of time on Title lli program 9,993 Kathryn Hall - $114562 - 20% of time on Title Ill program 22,912 Tanya Fairweather - $64,759 - 50% of time on Title III program 32,279 (a). TOTAL Personnel Expenditures $ ` '.v* -_~' 65;184. Fringe Benefits ( List each benefit and position directly percentage of working on this program separately, time expended on this program.) specifying annual fringe Karin Troendle - Senior Atty - $27,980 2,798 Kathryn Hall - Managing Atty - $32,077 6,415 Tanya Fairweather - Staff Atty - $18133 9,066 ( b , ) TOTAL Fringe g Benefit Expenditures p $ , 18 27` 8 2 ` Travel (Itemize directly rate. need.) - Mileage For mileage working other types expense on reimbursed to staff and volunteers for mileage this program, Including the number of miles and of program travel costs, specify the nature of the incurred while the reimbursement expense and the (c). TOTAL Travel Expenditures (itemize supply costs used for direct operations of this program.) Supplies Page 3 of 9 Exhibit B (d), TOTAL Supply Expenditures c$� ,I.;,de!COW :: ' . Other (Itemize already all other program costs directly included any other above category.) used in the operations of this program and not (e), TOTAL Other ExpendituresIttit,SM (f). TOTAL DIRECT PROGRAM EXPENDITURES (Sum of lines a through e) (g). Allowable Indirect Expenditures (Enter 10% of Line f) (h). TOTAL PROPOSED PROGRAM EXPENDITURES (Sum of lines f and g) (Equals the amount of Older Americans Act Funding requested.) 3,463;, `AG Page 4 of 9 Exhibit B App Colorado Legal Services Proi Senior Legal Services • 't .• •••, •, •t i +.• . . . t .• • . ♦. • • _ _ . .• ••, ►4 1 t •_ • ; • ` I. .:• •. t• . \. • : , •' y '` . . % . S. ' t - t .` ,!•, •tt•: ' 't •t Match :•;:%• • ..t • •y • ,;�; ;• • i••• . . • Area Agency on Aging Funding Requested (Amount from tine h of Proposed Program Budget - A.' Expenditures) •, _:,0,.000 Match Requirement: Cash and In -kind contributions must be verifiable from the applicant agency's records; Not be included as match for any other federally assisted project or program; Be reasonable and necessary for proper and efficient accomplishment of the program objectives; Be allowable under applicable federal cost principles; Be provided for in the overall budget; and, conform to federal matching requirements, (a). Minimum Required Match: 10% of Older Americans Act Funding l `44%e 4N•E.t} 'f^'' 0.0.0 Local Cash Match (Enter Amount from Local Cash Match tab) In -Kind Match (Enter Amount from In -Kind Match tab) (b). Total Match Contributed t:o ''loo 9,000., Match Requirement Met (Line b minus line a - Cannot be a Negative Number) :n�, 1 Program Income •' I •\• i •\. `• 1 y 1. '. -tl. •• t •t • 1 •'• .\ .• :::.-:=•:�:.•:,:: •...: - • ...... • , . . _ . _ . • •t ' .� • t Program or all from program costs,) clients, of the Income cost of for services services (Enter any Income generated by the applicant agency that is from activities, for which part which Is borne by the program. Include voluntary client contributions received directly or goods provided by the program. NOTE: Charging a fee for clients to receive or goods is prohibited, In addition, all program income Is to be expended for program Description Amount Voluntary cash contributions 500 TOTAL Program Income $ '` -..;500 Exhibit B Applicant Agency: Colorado Legal Services Program: Senior Legal Services Local Cash Match Cash Match (Local are sources of cash to be received from non -Federal and non -State sources passing to the or those the be control of the applicant agency, of applicant agency, which are to used for the payment of allowable program expenditures.) Existing Contributor Relationship in Place with YIN Commitment in Place Contribution Agreement to Provide YIN Source of Funds (Name of contributor or if applicant Amount to of be Contributed Cash Match agency, list applicant agency name) Yes Yes 1,500 Legal Assistance Foundation i I I 1,500 TOTAL Cash Match (Transfer Amount to Proposed Program Budget - Sources of Funding Worksheet) Exhibit B Applicant Agency: Program: In -Kind Match On -Kind Match are ser✓ices, goods, and property to be program for which no cash reimbursement is required.) donated by the applicant agency or a third party, which are allowable costs of the Source applicant name) of Funds agency, (Name list of applicant contributor agency or if Description of Goods or Services to be Contributed Agreement Commitment Provide to Value Goods Contributed of or In -Kind Services Contribution Y/N in Place Colorado Legal Services donated space for program Yes 7,500 1 1 TOTAL In -Kind Match (Transfer Amount Proposed Program Budget - Sources of Funding Worksheet) ''e..e• .. '0:: to Exhibit B .: is: i / -: .K :a•:.' . Summa y::O PrOJeCted Uhi ost5, Servic Units, -and C-tlent5 Applicant Agency: Colorado Legal Services Program: Senior Legal Services Projected Unit Costs: • 'Picovide`U,git oit using Federal/State requested amounts only:== .-. y i • -�� - y" is . '+'' ^�i•.1�! •`�'� 'i x .:% +�.e': �t ..•r •ire Federal/State Grant Funds Requested 90,000 Projected Service Units and Clients: Estimated Unit Cost 100 .. T - -. - - 1 i• - - r vu .. :� �C%:S•�ury i: r•. ...i;-:I•'�j.' �..��.t_+. yKry „a..��,'..< ��—«''.r,.• Pro ecied Sere!jhstrtato.hiSelow..: ce Unrts and Giler is • -_. ,".: .:7)4::...7z `r- _. .. ..f. � _ . .�_ " _ �..�K .. •;VC . •C.. i'. l� ':rfi.�i��.......J __-..�►,_. _. .. r ••.... .. . s D'OT�. .. :�?'�i�..��.'��Mi{�''e .. .. �.. .. . ..•i:' (A) 1 (B) (C) (0) Unduplicated Clients by Primary Target Category g rY Services to be Provided I Units of Service Unduplicated TOTAL Clients (1). Rural (2). Low (3). Minority (4). Frail (5). Other Income Legal Services 900 200 40 140 40 90 be ( A ). Services to Provided List the name of the services or services per program service descriptions_ ( B )_ Units of Service In of most service instances value. one hour equals one unit of services_ Refer to each service category description for unit C Total Unduplicated ( ). Clients Total of all persons receiving services through this program for the contract year_ Each person receiving services is to be counted only one time, regardless of how many times he/she utilizes the service_ ( D )_ Unduplicated Clients by -� Primary Target Category Allocate the unduplicated clients identified in ( C ) into one of the following categories, based on the client's primary category classification. Note: The sum of (D) 1-5 = ( C). Rural (1). List the number of adults age 60 and older who will be rural. Definition of Rural: Persons who reside in an Exhibit B area that 1) is not urbanized, and 2) is determined based on RUCA classification of client's zip code. An urbanized area has a population closely -settled concentration contiguous of territory at least 50,000 (suburbs)_ inhabitants, generally consisting of a central city and the surrounding (2). Low Income List the number of adults age 60 and older who will be at or below the poverty threshold established by the Bureau of the Census. (3). Minority List Asian1'Pacific the number Islander: of adults A 60 and person older having to origins be served in any by of ethnic/racial the original group. peoples of the Far East, Southeast Asia, the Black India (Not subcontinent of Hispanic or the Origin): Pacific A person Islands having including origins China, in India, any black Japan, racial Korea, group of the Africa_ Philippine Islands and Samoa. American Indian/Alaskan Native: A person having origins in any of the original people of North America, and who maintains cultural identification through tribal affiliation or community recognition. Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. (4). Frail List Definition the number of Frail: older Persons adults having who will be frail/disabled. of a physical or mental impairment that affects his/her ability to perform normal daily tasks or that threatens the capacity of an individual to live independently. A frail%disabled person has functional limitations in two or more of activities of daily living. (5). Other List the number of older adults identified in ( C ) that are not included in category 1-4. Exhibit B The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth In the Request for Proposal for Request No.i°`#B2300042° 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she Is authorized to bind the below -named Vendor for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, In the opinion of the Board of County Commissioners, Is in the best interest of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM Colorado Legal Services BUSINESS ADDRESS 912 8th Avenue BY Jonathan D. Asher (Please print) DATE CITY, Greeley STATE, CO ZIP 80631 TELEPHONE No 970-353-7554 FAX 970-840-2085 TAX ID # 84-0402702 CODE SIGNATURE t (,ti(•G;ti U. cQ�J- t�.� E-MAIL jasher@colegaiserv.org WELD CO NT IS EXEMPT FROM COLORADO SALES TAXES, THE CERTIFICATE OF EXEMPTION NUMBER I # B-03661-0000. YOU')DO:NOT NEEDT0•SEND:BACKiPAGES'`1ice.8: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFP1022 PROPOSAL REQUEST #B2300042 Page 22 Exhibit B Agency: Colorado Legal Services Program: Senior Legal Services PART III: NARRATIVE DESCRIPTION OF PROJECT A. Description of Agency and Related Experience Colorado Legal Services (CLS) is a private, non-profit statewide agency that provides high quality free civil legal assistance to indigent clients and members of other vulnerable populations throughout the state of Colorado. CLS' mission is to provide meaningful access to high quality, civil legal services in the pursuit of justice for as many low-income persons and members of vulnerable populations throughout Colorado as possible. CLS has over ninety-five years of collective knowledge and experience and employs approximately 78 attorneys and 54 paralegals staffed in thirteen local offices while also working with multiple volunteer attorneys to serve as many low-income individuals as possible within the state. The Greeley office of CLS has been a constant presence in Weld County for more than fifty years and is staffed by four highly trained civil attorneys and an experienced paralegal. CLS already provides legal services under the Older Americans Act through 8 Area Agencies on Aging throughout Colorado. Statement of Need According to the United States Census Bureau, an estimated 13.2% of Weld County's total population was age 60 to 74 and 4.6% of the population was age 74 or older in 2020. Of those seniors, 10 % of seniors over age 65 live below the federal poverty line. The total population of Weld County is comprised of 62.6% White residents, 29.9% Hispanic residents, and 1.3% African American residents. Hispanic and female Weld County residents experience poverty at a higher rate than non -Hispanic or male residents. 7.5% of the total population in Weld County is disabled. Older adults frequently have a number of legal issues, including problems obtaining or maintaining public benefits, such as Medicaid, Social Security, Supplemental Security Income (SSI), and Old Age Pension; difficulty finding and maintaining affordable and accessible housing; dealing with overreaching creditors and financial exploitation; and needing help with estate planning documents, including medical and financial powers of attorney and advanced health care directives. Exhibit B Services to be Provided CLS will provide legal advice, brief services (including document preparation), representation before courts and administrative agencies, legal information, and legal referrals, as appropriate, to older clients as follows: PUBLIC ASSISTANCE BENEFITS CLS will provide legal assistance and advice in applying for and determination of eligibility for public assistance benefits, including but not limited to Long Term Care Medicaid, Medicare Savings Plans, Old Age Pension, the Low -Income Energy Assistance program (LEAP), Social Security benefits and Supplemental Security Income (SSI) benefits and Supplement Nutrition Assistance Program (SNAP) benefits. This will include providing advice and information on specifics of Medicaid Programs and payment of Long Term care, including Medicaid Qualifications, Medicaid Coverage, Spousal Protection (Community Spouse Resource Allowance, Monthly Income Protection) and Medicaid Estate Recovery. In addition to advice, CLS will provide in -person representation before an administrative tribunal to appeal the reduction, termination, or denial of public assistance benefits in appropriate cases, and will assist clients with regard to benefit overpayments as well. CONSUMER MATTERS CLS will provide legal advice, negotiation and brief service regarding debt collections, breach of contract, garnishments, utility shut offs and other contract disputes. Services may include of assisting in preparing for self -representation, including, but not limited to, Small Claims Court, objections to garnishments, and the completion of interrogatories. CLS will also represent senior clients in court in appropriate cases where the client has a potential legal defense to consumer lawsuits. HOUSING ISSUES CLS will provide legal advice, negotiation and brief service on matters related to landlord -tenant disputes, obtaining and maintaining subsidized housing, and preventing loss of housing to foreclosure. CLS will explore all options to prevent foreclosures, including negotiating with lenders and defending against foreclosure actions where Exhibit B appropriate. CLS will also represent senior clients in court to prevent evictions in appropriate cases where the client has a potential legal defense to the lawsuit. POWERS OF ATTORNEY AND LIVING WILLS CLS will provide legal advice regarding estate planning options and assistance with documents includingGeneral Durable Powers of Attorney, Medical Durable Powers of Attorney and Living Wills. Legal services will be provided from CLS' Greeley office, located at 912 8th Avenue, in downtown Greeley. The office is ADA accessible. CLS has free parking in nearby lots and on the street. The reception area has a large waiting space. Attorneys and the paralegal have private offices to meet with clients. CLS staff can also travel to clients to meet with them if they are unable to travel to the offices. CLS has laptops, a portable printer, and other technology tools that are used regularly to enable staff to meet and work with clients outside of the office, when necessary and appropriate. CLS also has the technology needed to provide legal services remotely, including representation at administrative hearings and court trials conducted through virtual means. In addition to the provision of legal assistance outlined above, CLS will conduct community legal education presentations as requested from Weld County Senior Centers, Weld County Senior Housing, and Long Term Care facilities. These presentations will address topics of legal interest to older adults, such as measures to prevent and avoid consumer fraud, consumer debt issues, housing issues, advanced directives for healthcare, financial powers of attorney and related issues. CLS will use a variety of tools to assist older adults who are unable to travel to CLS offices, including visits to rural sites in Weld County communities (e.g., senior centers, senior housing complexes, nutrition sites, etc.) and to institutionalized, isolated and homebound elderly residents of Weld County as needed Examples of these tools include phone appointments, e-mail communications, maintaining on-line resources, and traveling to clients' homes to provide legal assistance and meet the needs of older clients who are not fully mobile. Program staff can also provide services in English and in Spanish (and in other languages, as needed, with the assistance of CLS' telephone and other interpretation service). If applicants cannot receive services from CLS for any reason, then they will be given appropriate resource and referral information in an attempt to find the legal help Exhibit B that they need. CLS will track these applicants and the reasons that CLS could not serve them. CLS will ensure that all staff working on the program receives substantive and skills training needed to provide assistance under the grant. B. Objectives and Action Steps 1. Objective: Provide 900 hours of high quality legal advice, brief services, and representation to 200 unduplicated clients in the first year of the grant. Action Steps: a. Ensure that all staff working under the grant receives any necessary training within the first three months of the grant. b. If CLS cannot help an applicant for any reason, provide appropriate resource and referral information within 2 business days. c. Review applications as they are received, assess for the level of service needed, and inform applicants regarding the assistance CLS will be able to provide within 3 business days. d. Provide legal advice within 5 business days of receiving all information needed. e. Provide brief services within 10 business days of receiving all information needed. f. Provide legal representation, when appropriate, that complies with all professional ethical obligations and standards of practice. 2. Objective: Provide outreach to partner agencies and the client -eligible community in the first six months of the grant. Action Steps: a. Distribute brochures in English and Spanish that describes the services provided and how to access services to existing and new partner agencies within the first three months of the grant. b. Within the first four months of the grant, conduct outreach with existing partner organizations and new partner organizations to inform them of the services provided and how to refer older adults to CLS for assistance. c. Within the first six months of the grant, conduct three community legal education presentations on topics of interest to older adults. Exhibit B d. Conduct additional community legal education as requested by partner agencies. 3. Objective: Collect at least $200 from clients served under this grant during the first year. Action Steps: a. In every case closing letter to clients served under the grant, inform clients of the opportunity to make a charitable contribution. b. Send letter of appreciation for each contribution received. c. Handle all contributions using established financial protocols. 4. Objective: Monitor progress and outcomes on at least a monthly basis. Action Steps: a. Complete monthly financial reports and review for progress toward stated goals. b. Complete quarterly statistical reports and review for progress toward stated goals. c. Review all closed cases to monitor for compliance with grant requirements. d. Conducted periodic case staffings and reviews to monitor progress under the grant. 5. Objective: Obtain favorable outcomes for at least 70% of clients for whom we provide representation in court or before an administrative agency during the first year. Action Steps: a. Provide high quality representation to all clients. b. Record objective case outcomes in the case management database. c. Compile and analyze outcome data on a quarterly basis to monitor compliance with this objective. d. Take corrective action when needed. 6. Objective: Obtain favorable ratings in at least 80% of the client satisfaction surveys that are returned in the first year. Exhibit B Action Steps: a. Send every client a client satisfaction survey when the case is closed. b. Review returned surveys and tabulate ratings on a quarterly basis to monitor compliance with this objective. c. Take corrective action when needed. C. Targeting CLS has an established client base among low-income, minority, and vulnerable populations in Weld County; however, it would be beneficial for CLS to engage in additional outreach targeted to older adults. CLS will use the existing network of Weld County senior services providers to assist with and arrange outreach and community legal education opportunities to reach more low-income, minority, and vulnerable older adults. Within the first six months, CLS will provide at least 3 community legal education events and provide outreach materials to senior services providers in Weld County. The Greeley office has 1 bilingual staff member who works with clients in English and Spanish. For applicants for services and clients who speak other languages, CLS staff regularly work with interpreters through the courts, as well as through a telephone interpretation service which provides interpreters for all languages upon request. CLS also has experience working with American Sign Language interpreters to assist clients with hearing impairments. CLS has experience using interpreters and bilingual staff when doing community legal education and outreach. In addition, within the first two months of the grant, CLS will distribute brochures in English and Spanish that will describe the services provided under the grant and how to access those services. The brochures will be distributed through senior services providers, the existing network of nonprofit partners, the Courts, government agencies serving older adults, public libraries, and other forums. D. Client Contributions When CLS closes cases, a closing letter is sent to every client. The closing letter includes information about CLS' grievance procedure and also a client satisfaction survey. When cases are closed under this grant, CLS will inform clients that they may make a contribution to CLS, if they wish. However, no client will ever be required to make a donation as a condition of receiving services. Exhibit B All monetary donations are forwarded to CLS' Denver office for processing. Donations made by check or money order are mailed. Cash donations are hand delivered —the Director of Advocacy for the program lives in northern Colorado and travels to the Denver office on a regular basis. CLS' Controller has a system in place which earmarks donations made by Title III clients to fund additional services in the Title III grant area in which the donation was made. E. Coordination CLS will continue to collaborate with existing Weld County nonprofit and government agencies, including: 1. Victims' advocates from the Greeley Police Department and Weld County Sheriffs office, and the Weld County District Attorney's office. 2. The Weld County Combined Courts, especially the Court Information Center. 3. Connections for Independent Living. 4. The Greeley -Weld Housing Authorities. 5. Catholic Charities. 6. Lutheran Family Services. 7. Weld County Legal Services. 8. North Range Behavioral Health. 9. Senior Resource Services. 10. RSVP. 11. Weld County Senior Centers. 12. Weld County Senior Housing Communities. 13. Long Term Care Facilities. In addition, CLS will collaborate with new partners, including: 1. Meals on Wheels. 2. Rehabilitation and Visiting Nursing Association. CLS will collaborate with these partners to provide outreach and community legal education for older adults. F. Project Monitoring, Evaluation and Outcomes CLS has a case management database that is used to check for and prevent conflicts of interest, track all case activity, measure outcomes, and record time spent on Exhibit B every case. The Managing Attorney of the Greeley Office will be responsible for supervising the work of all staff providing Senior Legal Services under the terms of this grant. This supervision will include periodic case staffings and case reviews, closed case reviews, and an evaluation of progress based on outcome measures. CLS has two systems for tracking outcomes. CLS' case management database has a system for recording objective outcome measures, including the results obtained for the client, any money recovered for the client, and any financial obligations eliminated for the client (for example, discharging a debt or waiving an overpayment). In addition, CLS sends a client satisfaction survey to every client at the time the case is closed . Clients have the option of completing a paper survey or an online survey. All data from these client satisfaction surveys is compiled and reviewed in order to monitor the quality of services being provided. The Managing Attorney will be responsible for monitoring progress on project objectives. In addition, the Managing Attorney will be responsible for completing the monthly financial report and quarterly statistical report. Completing these reports will help the Managing Attorney evaluate progress on project objectives and take corrective action, if needed. G. Future Goals and Plans The Greeley office of CLS is currently considering a possible expansion of its Consumer representation to include assisting non -disabled clients with student loan debt. CLS currently provides advice and brief service to clients with student loan debt who may qualify for a disability discharge. CLS is also exploring options for representing tenants once the funding provided during the pandemic through the Emergency Rental Assistance Program is no longer available. ERAP funding is still available in limited circumstances but will likely end sometime in 2023. Exhibit B Colorado Legal Services 2022 Approved Operating Budget 2022 pperating REVENUE Legal Services Corporation (LSC) ARPA (FV.IF) State of Colorado (ELDF) Mile High United Way DRCOG -Title IIIB Boulder County - Title IIIB Pueblo County - Title IIIB Colorado Springs - Title IIIB Upper Arkansas Area -Title IIIB Mesa County - Title IIIB Weld County - Title IIIB Lorimer County - Title IIIB City of Boulder County of Boulder City of Longmont V.A.L.E. V.O.C.A. Adams County - Landlord -Tenant Denver OED - Housing N W CLSP COLTAF COLTAF - Foreclosure COLTAF - Community Redevelopment Legal Aid Foundation (LAF) Interest Income Other Revenue 5,411,412 1,973,672 2,559,559 22,500 595,000 40,840 88,978 143,948 12,500 182,500 70,000 65,000 37,000 56,154 20,000 212,282 466,736 209,000 373,613 76,000 1,700,000 488,298 1,750,000 5,000 2,007,630 TOTAL REVENUE S 18,567,622 EXPENDITURES Personnel Attorney Salaries Paraleagl Salaries Other Salaries Fringe Benefits Temporary Agencies Total Personnel Non -Personnel Space Equipment Supplies Mileage & Parking Training & Travel - Unit Training & Travel - Management Training & Travel - Board Program Audit Telephone Litigation Insurance Data Processing Membership Fees Contract Services - Program Contract Services - Clients Capital Acquisitions Library Sub Contracts & Sub Grantees Other Operating Expenses Total Non -Personnel TOTAL EXPENDITURES NET SUIPt$5{$DffKxT) 6,943,870 2,850,375 1,473,765 11,268,010 3,515,065 15,000 14,798,075 1,235,630 195,000 155,000 150,000 63,000 100,000 5,000 14,650 185,000 250,000 32,000 7,550 57,500 110,000 260,000 60,000 75,000 65,000 75,000 3,095,330 17,893,405 674,217 Exhibit B COLORADO LEGAL SERVICES, INC FINANCIAL STATEMENTS WITH INDEPENDENT AUDITORS' REPORT Year Ended December 31, 2021 Exhibit B TABLE OF CONTENTS Independent Auditors' Report Statement of Financial Position Statement of Activities Statement of Functional Expense Statement of Cash Flows Notes to the Financial Statements Supplemental Information: Schedule of Grants and Contracts Schedule of Support, Expenditures and Changes in Net Assets Schedule of Expenditures of Federal Awards Note to Schedule of Expenditures of Federal Awards Private Attorney Involvement Single Audit Reports: Report on Compliance for Each Major Federal Program: Report on Internal Control Over Compliance Uniform Guidance Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards i 1 2 3 4 5 13 14-15 16 17 18 19-21 22-23 Summary of Findings and Questioned Costs 24 Exhibit B Green & Associates LLC Certified Public Accountants & Business Consultants INDEPENDENT AUDITOR'S REPORT To the Board of Directors of Colorado Legal Services Report on the Audit of the Financial Statements Opinion We have audited the accompanying financial statements of Colorado Legal Services (a nonprofit organization), which comprise the statement of financial position as of December 31, 2021, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements. In our opinion, the financial statements present fairly, in all material respects, the financial position of Colorado Legal Services as of December 31, 2021, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Colorado Legal Services and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter As discussed in Note 12, Colorado Legal Services has restated its beginning net assets and deferred revenue. Our opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Colorado Legal Services, ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing PO Box 865 Longmont, CO 80502 GreenKAssociafes • LLC PHONE (720) 839-6458 www.GreenCPAfinn.com Certified Public Accountants & Business Consultants Exhibit B standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Colorado Legal Services', internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Colorado Legal Services' ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control -related matters that we identified during the audit. Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the other information required by Legal Services Corporation, as listed in the table of contents, are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards, and other information required by Legal Services Corporation, are fairly stated, in all material respects, in relation to the financial statements as a whole. Exhibit B Schedule VI sets forth the income and expenses relating to the Private Attorney Involvement (P.A.I.) requirements of Colorado Legal Services during the year ended December 31, 2021. In accordance with Regulation 45 CFR, Part 1614 (Private Attorney Involvement), we have reviewed the P.A.I. policies and procedures of Colorado Legal Services. In our opinion, Colorado Legal Services is in compliance with the requirements of Regulation 45 CFR, Part 1614. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 8, 2022, on our consideration of Colorado Legal Services', internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of Colorado Legal Services', internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Colorado Legal Services' internal control over financial reporting and compliance. Report on Summarized Comparative Information We have previously audited the Colorado Legal Services' 2020 financial statements, and we expressed an unmodified audit opinion on those audited financial statements in our report dated April 9, 2021. In our opinion, the summarized comparative information presented herein as of and for the year ended December 31, 2020 is consistent, in all material respects, with the audited financial statements from which it has been derived. avk Longmont, Colorado April 8, 2022 Exhibit B COLORADO LEGAL SERVICES STATEMENT OF FINANCIAL POSITION December 31, 2021 (With Comparative Totals for the Year December 31, 2020) ASSETS Current Assets: Cash Marketable Securities Cash in Escrow - Client Deposits Receivables: Victims of Crime Act Northwest Colorado Legal Services Project Area Agencies on Aging State of Colorado Victims of Human Trafficking Miscellaneous Security Deposits Interest Receivable Prepaid Expenses Total Current Assets Property And Equipment Furniture and Equipment - Net of accumulated depreciation of $ 473,323 in 2021 and $ 452,814 in 2020 Law Library Total Property and Equipment - Net Total Assets LIABILITIES AND NET ASSETS LIABILITIES: Accounts Payable Notes Payable Deferred Revenue Unemployment Compensation Crimeshield Deductible Client Deposits Employee Vacations Total Liabilities NET ASSETS: Net Assets with Donor Restrictions Non-LSC Net Assets without Donor Restrictions Total Net Assets Total Liabilities and Net Assets 2021 2020 $ 329,555 $ 484,283 14, 403, 673 14,233,125 7,785 65,308 5,559 13,227 9,795 10,719 360,809 191,590 517,205 125,186 66,366 56,469 197,232 196,322 29,554 24,034 374 180 60,514 58,502 15, 988, 421 15, 458, 945 12,654 33,163 10,669 10,669 23,323 43,832 $ 16,011,744 $ 15,502,777 $ 120,628 $ 101,973 1,575,341 1,098,791 1,776,163 25,000 25,000 15,000 15,000 7,785 65,308 958,239 145,635 2,225,443 3,704,420 5,431,677 5,432,151 8,354,624 6,366,206 13, 786, 301 11,798,357 $ 16,011,744 $ 15,502,777 The accompanying notes are an integral part of these financial statements. Exhibit B COLORADO LEGAL SERVICES STATEMENT OF ACTIVITIES For the Year Ended December 31, 2021 (With Summarized Totals for the Year Ended December 31, 2020) Net Assets Without Net Assets with Donor Restrictions Total Donor Restrictions LSC Non LSC 2021 2020 REVENUE, SUPPORT AND OTHER INCOME Grants and Contracts General Contributions Investment Income In -Kind Contributions Other Income Attorney Fees Received Net Assets Released from Restrictions Total Revenue, Support, Other Income and Reclassifications $ 2,000,000 $ 5,827,709 $ 7,742,465 $ 15,570,174 $ 12,600,328 1,798,130 1,798,130 1,871,245 894 1,362 2,256 39,768 1,197,283 1,197,283 1,252,371 369 369 526 28,710 28,710 3,000 13,600,720 (5,857,781) (7,742,939) 18,597,396 (474) 18,596,922 15,767,238 EXPENSES Program Services - Legal Services 14,815,208 Management and General 1,760,551 Fundraising 33,219 Total Expenses 16,608,978 Change in Net Assets 1,988,418 Net Assets - Beginning of Year (restated) 6,366,206 14, 815, 208 12, 896, 250 1,760,551 1,402,698 33,219 14,313 16,608,978 14,313,261 (474) 1,987,944 1,453,977 5,432,151 11,798,357 10,344,380 Net Assets - End of Year $ 8,354,624 $ $ 5,431,677 $ 13,786,301 $ 11,798,357 The accompanying notes are an integral part of these financial statements. 2 Exhibit B COLORADO LEGAL SERVICES STATEMENT OF FUNCTIONAL EXPENSES For the Year Ended December 31, 2021 Schedule I Legal Management Fund Services & General Raising Total Attorney Salaries 6,043,452 718,168 13,550 6,775,170 Paralegal Salaries 2,126,026 252,644 4,767 2,383,437 Other Salaries 1,219,964 144,973 2,735 1,367,672 Total Salaries 9,389,442 1,115,785 21,052 10,526,279 Employee Benefits 2,399,386 285,129 5,380 2,689,895 Temporary Help 13,806 1,641 31 15,478 Donated Services 1,065,413 126,658 2,390 1,194,461 Total Personnel 12,868,047 1,529,213 28,853 14,426,113 Rent & Maintenance 907,288 107,766 2,033 1,017,087 Equipment Rental & Repair 54,692 6,499 123 61,314 Consumable Supplies 144,425 17,163 324 161,912 Training & Travel 110,938 13,183 249 124,370 Telephone 145,927 17,341 327 163,595 Insurance 26,376 3,134 59 29,569 Contractual Services 199,335 23,688 447 223,470 Books & Periodicals 53,330 6,337 120 59,787 Depreciation 18,294 2,174 41 20,509 Other Operating 286,556 34,053 643 321,252 Total Non -Personnel 1,947,161 231,338 4,366 2,182,865 Total Expenses 14,815,208 1,760,551 33,219 16,608,978 2021 Ratios 2020 Ratios 89.2% 10.6% 90.1% 9.8% 0.2% 100.0% 0.1% 100.0% The accompayning notes are an integral part of these financial statements. 3 Exhibit B COLORADO LEGAL SERVICES STATEMENT OF CASH FLOWS For the Years Ended December 31, 2021 (With Comparative Totals for the Year Ended December 31, 2020) 2021 2020 CASH FLOWS FROM OPERATING ACTIVITIES: Changes in Net Assets Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation (Increase)/Decrease in Receivables (Increase)/Decrease in Prepaid Expenses (Increase)/Decrease in Security Deposits Increase/(Decrease) in Accounts Payable Increase/(Decrease) in Deferred Revenue Increase/(Decrease) in Accrued Vacation Total Adjustments Net Cash Provided by Operating Activities CASH FLOWS FROM INVESTING ACTIVITIES: (Increase)/Decrease in Marketable Securities Net Cash Flows From Investing Activities CASH FLOWS FROM FINANCING ACTIVITIES: Increase/(Decrease) in Notes Payable Net Cash Flows From Financing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents - Beginning of Year $ 1,987,944 $ 1,453,977 20,509 27,295 (563,647) (89,331) (2,012) (1,281) (5,520) (10,267) 18,655 (14,147) (677,372) 1,070,692 812,604 25,790 (396,783) 1,008,751 1,591,161 2,462,728 (170,548) (3,965,412) (170,548) (3,965,412) (1,575,341) 1,575,341 (1,575,341) 1,575,341 (154,728) 72,657 484,283 411,626 Cash and Equivalents - End of Year $ 329,555 $ 484,283 SUPPLEMENTAL DISCLOSURE In -Kind Contributions - Revenue In -Kind Contributions - Expense $ 1,194,886 $ 1,240,719 $ (1,194,886) $ (1,240,719) The accompayning notes are an integral part of these financial statements. 4 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization and Operations Colorado Legal Services (CLS) is a non-profit corporation, organized for the purpose of providing legal assistance in non -criminal matters for persons financially unable to afford legal assistance in Colorado. Providing legal services is the sole program within CLS. Colorado Legal Services changed its name from the Legal Aid Society of Metropolitan Denver (LASMD) on October 1, 1999, when it combined with the former Colorado Rural Legal Services and Pikes Peak/Arkansas River Legal Aid programs to form a single statewide legal services organization. The Legal Services Corporation, a non-profit organization established by Congress to administer a nationwide legal assistance program, the Colorado Lawyer Trust Account Foundation, the Legal Aid Foundation of Colorado, the State of Colorado various, Area Agencies on Aging and United Ways are primary sources of support for CLS. Basis of Accounting The financial statements of CLS have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables, and other liabilities. Basis of Presentation Financial statement presentation follows the recommendation of the Financial Accounting Standard Board in its Financial Accounting Standards (FASB ASC 958-205-45), Financial Statements of Non -for - Profit Organizations. CLS is required to report information regarding its financial position and activities according to two classes of net assets: net assets with donor restrictions and net assets without donor restrictions. The financial statements are presented with certain prior year summarized comparative information. Such information does not include sufficient detail to constitute a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with CLS's financial statements for the year ended December 31, 2020, from which the summarized information was derived. Grant and Contract Support CLS recognizes revenue under three categories; exchange transactions, unconditional contributions, and conditional contributions. When revenues from exchange transactions are received, they are recorded as deferred revenue in the liability section of the Statement of Financial Position in the year they are received. When they become available to fund operations they are removed from deferred revenue and recorded as revenue in the Statement of Activities. When revenue is determined to be a contribution that does not have a barrier to overcome, it is recognized in the period received. CLS mast determine if any conditions are imposed by the donor, in accordance with ASU 2018-08. Unconditional contributions are recorded as an increase in net assets without donor -imposed restrictions, whereas conditional contributions are recorded as an increase in net assets with donor -imposed restrictions in the period they are received. 5 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Any restricted grant funds remaining at the end of an accounting period are reflected as net assets with donor restrictions. In accordance with the policies of LSC, CLS may retain unexpended funds for use in future periods provided expenditures are in compliance with the specified terms of each grant/contract. If CLS determines the revenue is a contribution and has a barrier to overcome, the revenue is reported as a deferred revenue until the barrier has been overcome. Once the barrier has been overcome the contribution is recognized as revenue in that period. LSC funds are subject to the provisions of the LSC Regulation on Recipient Fund Balances Regulation 45 CFR Part 1628. Under this Regulation any unspent LSC funds in excess of 10 percent of LSC support is subject to offset against the subsequent year's grant, unless a plan for expenditures is expressly approved by LSC. LSC may, at its discretion, request reimbursement for expenses or return of funds, or both, as a result of non-compliance by CLS for the terms of the grants/contract. It is the practice of CLS to prohibit deficit net assets and, should a deficit exist, it would be reflected as net assets without donor restrictions. CLS generally, but not always, spends all of the money it receives from LSC and other grant sources. Net assets without donor restrictions represent unrestricted monies such as contributions and interest income that exceed program expenditures. Net assets without donor restrictions are used for general purposes that are in compliance with the Legal Services Corporation Act, and Congressional Appropriation or other grant conditions. LEGAL SERVICES CORPORATION — Funding is typically spent in their entirety in the year of receipt. Non-LSC funded expenditures, among others, include dues payments to the National Legal Aid and Defender Association, the Colorado Nonprofit Association, the Colorado Bar Association, various local bar associations, Management Information Exchange and Directors of Volunteers in Agencies and other expenditures for which the use of LSC funds is prohibited. UNITED WAY — These funds are net assets with donor restrictions and are reflected as such in net assets. OLDER AMERICANS ACT, TITLE IIIB - The program has contracted with the Denver Regional Council of Governments, Boulder County, Pueblo County, Weld County, Larimer County, Mesa County, Pikes Peak Aging Services, Region 10 Area Agency on Aging, and the South -Central Colorado Seniors, Inc. for reimbursement of personnel, travel, mileage and some overhead costs. BOULDER COUNTY LEGAL SERVICES - Local funding helps support the office located in Boulder County. Program expenses in excess of local funding are paid out of LSC and general program funds. NORTHWEST COLORADO LEGAL SERVICES PROJECT - Local funding helps support two staffed offices in Northwest Colorado. Program expenses in excess of local funding are paid out of LSC and general program funds. ALAMOSA, COLORADO SPRINGS, DURANGO, FT. COLLINS, GRAND JUNCTION, GREELEY, LA JUNTA, PUEBLO AND SALIDA - Local funding helps support staffed offices throughout the State. Program expenses in excess of local funding are paid out of LSC and general program funds. 6 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) COLORADO LAWYERS TRUST ACCOUNT FOUNDATION - Interest on Lawyers Trust Accounts (IOLTA) funding helps support staffed offices and programs operations throughout the state. General Contributions General Contributions represent cash donations and miscellaneous income to the program from private organizations and individuals. THE LEGAL AID FOUNDATION OF COLORADO (LAF) - Funding helps support staffed offices and program operations throughout the state. CLS received $1,700,000 from LAF during the year 2021 which is recorded as a net asset with donor restriction as a general contribution on the Statement of Activities. Property and Equipment Property and equipment acquired with LSC funds are considered to be owned by CLS while in use by the program or in future authorized programs. However, the funding source has a reversionary interest in the property, including the right to determine the use of any proceeds arising from the sale of assets purchased with LSC funds, thus the value of such property is categorized as net assets with donor restrictions. It is the policy of CLS to utilize non-LSC funds to purchase capital assets and therefore maintains a balance of $0 related to property with a reversionary interest to LSC. CLS capitalizes expenditures for property and equipment based on the type of equipment being purchased with a value over $5,000 and a useful life of more than one year. All property and equipment is capitalized at cost or fair market value if the property was donated. CLS does not have a formal policy regarding time restrictions of long-lived assets. Depreciation of all property and equipment is computed on a straight-line basis over the estimated service life of the assets as follows: Office furniture - 10 years Office equipment - 5 years Law Library CLS capitalizes the costs of major additions (over $5,000) to its law library. Maintenance items such as updates, replacements, periodicals and loose leafs are expensed. Because these supplements preserve the original value of the library, depreciation is not recorded. Donated Property and Services CLS and various Denver area bar associations sponsor the "Metro Volunteer Lawyers," through which volunteer attorneys offer free or reduced -cost services to income eligible clients. CLS reflects the proportionate share of the pro bono services provided through Metro Volunteer Lawyers. CLS also supports programs through which volunteer attorneys offer free or reduced -cost services to income eligible clients in various areas of the State of Colorado. 7 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Attorney Pro Bono Services (MVL) Northwest Colorado Legal Services Project Boulder County Colorado Springs/Pueblo Denver/Ft. Collins/Durango Internal Program Volunteers (Non -Attorneys) Donated Services (Advertising) Donated Space TOTAL $ 71,874 154,610 417,925 243,438 55,632 250,982 2,397 425 $ 1,197,283 In -kind contributions are recorded both as support and expense and, therefore, do not affect CLS' net assets. Property donated to CLS is recorded at its market value at time of receipt. Allocation of Program Expenses The financial statements reflect certain categories of expenses that are attributable to one or more program or supporting functions. The expenses include compensation, occupancy, professional services and certain other expenses. Compensation and professional services are allocated based on management's estimate of the relative attention and effort exerted towards specific functional areas. Occupancy costs are allocated similarly to compensation as occupancy costs relate to providing workspace for employees rather than specific functions. Cash and Investments CLS maintains deposits on behalf of clients. These funds are maintained in separate bank accounts and are reflected on the Statement of Financial Position as Cash in Escrow — Client Deposits. A corresponding liability is established for these in an amount equal to the amount in escrow. All investments are measured at fair value in the Statement of Financial Position using level one inputs. Investment income or loss is included in the Statement of Activities as an increase or decrease in net assets without donor restrictions, unless it is restricted by the donor or by law. For purposes of the statement of cash flows, CLS considers petty cash, deposits in bank accounts and certificates of deposit which mature within 90 days of purchase to be cash equivalents. Grants Receivable CLS receives funding from certain sources based on a reimbursement of expenses. When CLS has expended the funds and is waiting on the reimbursement from the funding source it is recorded as a receivable. Receivables have been recorded at their net realizable value. Management has assessed the collectability of each receivable and has determined they are all fully collectible. Accordingly, no allowance for doubtful accounts has been established. Net Assets Contributions received are recorded as net assets with donor restrictions or net assets without donor restrictions, depending on the existence and/or nature of any donor restrictions. All donor -restricted support is reported as an increase in net assets with donor restrictions. When a restriction expires, net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the Statement of Activities as net assets released from restrictions. When both categories are available to be used it is CLS's policy to use the most restrictive classification first. Net assets with donor 8 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) restrictions at December 31, 2021 consisted of Non-LSC contributions to be used to fund future years operations totaling $5,431,677. CLS released $5,857,781 from restriction due to the fulfillment of grant terms relating to the provision of legal services to specified areas. Deferred Revenue Non -exchange transactions and contributions received in which the barrier has not been overcome, have been reported as deferred revenue in the Statement of Financial Position. Deferred revenue for the year ending December 31, 2021 is related to the following funding sources: Year Payment Balance at Source Originated 12/31/2021 LSC Basic LSC Migrant LSC Native American LSC TIG 18062 LSC TIG 19058 2021 $ 946,518 2021 138,082 2021 2,676 2020 10,211 2021 1,304 $ 1,098,791 Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NOTE 2 MARKETABLE SECURITIES At December 31, 2021 CLS had investments that consisted of United States Treasury Bills in the amount of $14,403,673 The securities are not insured under the Federal Deposit Insurance Corporation (FDIC) and therefore are subject to credit risk. The securities are shown at their fair value using level one inputs. Securities are re -invested or analyzed on a 30 day basis. Components of income are as noted below: Investment Income Interest Income Total 9 $ 2,255 $ 2,256 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 3 CAPITAL ASSETS A summary of changes to capital assets for 2021 is as follows: Balance at Balance at 12/31/2020 Additions Deletions 12/31/2021 Depreciable Furniture $ 21,287 $ - $ 21,287 Equipment 222,501 - 222,501 Computer Equipment 161,324 161,324 Software 80,865 80,865 Law Library 10,669 10,669 Total Depreciable 496,646 496,646 Less Accumulated Depreciation (452,814) (20,509) (473,323) Net Capital Assets 43,832 $ (20,509) $ 23,323 NOTE 4 LIABILITIES Unemployment/Vacation Accruals Colorado Legal Services, because of its non-profit status, pays unemployment compensation by "direct reimbursement," pursuant to Section 8-76-110 (3) of the Colorado Employment Security Act. To ensure that it is able to pay approved claims, CLS maintains a reserve of $25,000 for unemployment benefits and $15,000 for the CrimeShield deductible. The employees of CLS accrue vacation based on length of service. CLS' year-end vacation liability was $958,239 for the year ended December 31, 2021. On June 14, 2021 the Colorado Supreme Court determined that "all earned and determinable vacation pay must be paid upon separation and that any agreement purporting to forfeit earned vacation is void." Prior to this ruling CLS had implemented a "use it or lose it" policy for vacation, which was collectively bargained. As a result of this ruling CLS reviewed previous vacation forfeitures back to 2019, and restored these balances to the employees account. As a result of restoring these balances, CLS recognized an expense of $312,916 relating to these hours. NOTES OPERATING LEASES CLS has entered into twelve lease agreements for the rental of office space. Under the lease agreements, CLS is required to make annual office rental payments. In addition, CLS has leased office equipment. Rent charged to expense for the year consisted of office rent $749,310 and equipment rental of $34,083. Minimum future rental payments under current operating leases having remaining terms in excess of one year, as of December 31, 2021: 2022 2023 2024 2025 2026 Thereafter Total minimum future payment 10 945,361 960,015 944,943 325,990 124,238 31,268 $ 3,331,815 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 6 INCOME TAXES CLS is exempt from Federal income taxes under Section 501 (c) (3) of the Internal Revenue Code. In addition, the Internal Revenue Service has determined that CLS is not a "private foundation" within the meaning of Section 509 (a) of the Code. CLS has adopted the recognition requirements for uncertainty in income taxes as required by FASB ASC 740-10. The tax returns of CLS are subject to review and examination by authorities. Tax returns for the year ended December 31, 2019, 2020 and 2021 are open for examination by authorities. There was no income tax charged to expense for the current year. NOTE 7 MANAGEMENT/GENERAL AND FUND-RAISING COSTS CLS estimates its management/general costs (which includes overall program direction, accounting, budgeting and board activities) were $1,760,551 representing 10.6% of its operating budget. Fund- raising costs were $33,219 and, thus, represent less than 1% of its operating budget. NOTE 8 LIQUIDITY AND AVAILABLE RESOURCES CLS monitors its liquidity so that it is able to meet its operating needs and other commitments while maximizing the investment of its excess operating cash and cash equivalents. CLS has the following financial assets that could readily be made available within one year of the statement of financial position date to fund expenses without limitations: Cash and Investments Receivables $ 14,733,228 1,156,966 $ 15,890,194 In addition to financial assets available to meet general expenditures over the year, CLS generally operates with a balanced budget for operations and anticipates covering its general expenditures by collecting contributions and other revenues, and by utilizing expected and committed grants from government organizations that are intended to support normal operations and access to prior year operating surpluses that are available in current assets. The statement of cash flows identifies the sources and uses of the CLS's cash and cash equivalents and shows a net increase in cash and cash equivalents provided by operations of $1,591,161 for the fiscal year ending December 31, 2021. NOTE 9 LONG-TERM DEBT On May 31, 2020 CLS received a loan under the Payroll Protection Program administered by the Department of the Treasury in the amount of $1,575,341. The loan is subject to forgiveness if certain conditions are met relating to the expenditure of the loan proceeds on specific items such as payroll, rent and mortgage interest. The loan was forgiven in its entirety during the year ended December 31, 2021 and was reported as grant revenue in the Statement of Activities. NOTE 10 SUBSEQUENT EVENTS AND UNCERTAINTIES Management has evaluated subsequent events through April 8 2022, the date the financial statements were available to be issued. There were no material subsequent events that required recognition or additional disclosure. On March 10, 2020, the World Health Organization declared the spread of the novel Coronavirus Disease (COVID-19) a worldwide pandemic. The COVID-19 pandemic is having significant effects on global markets, supply chains, businesses, and communities. Specific to CLS, COVID-19 may impact various aspects of its 2022 operations and financial position, but the effects are currently unknown. 11 Exhibit B COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2021 NOTE 10 SUBSEQUENT EVENTS AND UNCERTAINTIES (CONTINUED) Management believes CLS is taking appropriate actions to mitigate the negative impact. However, the full impact of COVID-19 is unknown and cannot be reasonably estimated as these events are still uncertain and developing. NOTE 11 RECLASSIFICATIONS Certain items relating to the prior year's financial statements have been reclassified to conform to the presentation of the current year's financial statements. NOTE 12 RESTATEMENT OF PREVIOUSLY REPORTED BALANCES During the year ended December 31, 2021, CLS restated its 2020 and 2019 financial statements to reflect a change in accounting policy required by Legal Services Corporation (LSC) with respect to the previously adopted accounting standard ASU No. 2018-08, Not -for -Profit Entities. CLS adopted ASU No. 2018-08 during the year ended December 31, 2019. At the time of adoption, CLS did not identify any unmet conditions related to LSC funding. However, subsequent to the issuance of CLS's 2019 financial statements, LSC issued Program Letter 20-4, Revenue Recognition, which communicates that all LSC Basic Field Grants are to be treated as conditional contributions with barriers. Unexpended LSC grant funds received are to be recognized as deferred revenue, until such time that LSC grant funds are expended by CLS on qualifying expenses. Accordingly, CLS has restated opening balances for the years ending December 31, 2021 and 2020. The effect of these restatements on each financial statement line item and cumulative effect on net assets is as follows: Financial Statement Line Item Previously Adjustment to Reported Restate Restated December 31, December 31, December 31, 2020 2020 2020 Deferred Revenue Grants and Contracts Revenue Net assets with LSC Donor Restrictions Financial Statement Line Item $ 247,668 $ 1,528,495 $ 1,776,163 $ 13,759,891 $ (1,159,563) $ 12,600,328 $ 1,528,495 $ (1,528,495) $ Previously Adjustment to Reported Restate Restated December 31, December 31, December 31, 2019 2019 2019 Deferred Revenue Net assets with LSC Donor Restrictions $ 336,539 $ 368,932 $ 705,471 $ 368,932 $ (368,932) $ 12 Exhibit B COLORADO LEGAL SERVICES SUMMARY OF GRANTS AND CONTRACTS For the Year Ended December 31, 2021 Grantor Net Assets Net Assets with without Donor Donor Period Amount Received Restrictions Restrictions Legal Services Corporation Colorado Lawyers Trust Account Foundation State of Colorado Metro Caring Department of Health and Human Services - Aging Small Business Administration - Paycheck Protection Program Victims Assistance and Law Enforcement (VALE) U.S. Department ofJustice - VOCA United Ways U.S. Department ofJustice - OVC County of Boulder City of Boulder City of Longmont Bureau ofJustice Assistance (OJP-BJA) Adams County Denver Office of Economic Development Other Grants 1/1- 12/31/21 5,827,709 $ - $ 5,827,709 1/1- 12/31/21 2,407,611 2,000,000 407,611 1/1- 12/31/21 2,174,239 2,174,239 1/1- 12/31/21 31,509 31,509 1/1- 12/31/21 1,303,192 1,303,192 1/1- 12/31/21 1,575,341 1,575,341 1/1- 12/31/21 159,807 - 159,807 1/1- 12/31/21 564,635 564,635 1/1- 12/31/21 153,262 - 153,262 1/1- 12/31/21 82,033 - 82,033 1/1- 12/31/21 56,154 - 56,154 1/1- 12/31/21 37,050 37,050 1/1- 12/31/21 20,000 20,000 1/1- 12/31/21 10,263 10,263 1/1- 12/31/21 194,000 194,000 1/1- 12/31/21 282,506 282,506 1/1- 12/31/21 690,863 690,863 $ 15,570,174 $ 2,000,000 $ 13,570,174 See the accompanying independent auditors' report. 13 Exhibit B COLORADO LEGAL SERVICES SCHEDULE OF SUPPORT, EXPENDITURES AND CHANGES IN NET ASSETS For the Year Ended December 31, 2021 (With Summarized Totals for the Year Ended December 31, 2020) LSC TOTAL Basic Migrant Native Am Other' Total Non LSC 2021 2020 SUPPORT: $ 5,445,249 $ 250,878 $ 116,699 $ 44,955 $ 5,857,781 $ 12,739,141 $ 18,596,922 $ 15,767,238 EXPENSES: Attorney Salaries 1,957,014 117,956 52,103 30,570 2,157,643 4,617,527 6,775,170 5,525,192 Paralegal Salaries 840,731 35,724 10,194 89 886,738 1,496,699 2,383,437 1,796,207 Other Salaries 836,155 - - 1,293 837,448 530,224 1,367,672 1,133,190 Total Salaries 3,633,900 153,680 62,297 31,952 3,881,829 6,644,450 10,526,279 8,454,589 Employee Benefits 960,419 45,070 18,360 131 1,023,980 1,665,915 2,689,895 2,305,092 Temporary Help 9,848 9,848 5,630 15,478 2,470 Donated Services - - 1,194,461 1,194,461 1,238,774 Total Personnel 4,604,167 198,750 80,657 32,083 4,915,657 9,510,456 14,426,113 12,000,925 Rent & Maintenance 345,630 29,400 16,446 391,476 625,611 1,017,087 1,040,499 Equipment Rental 38,757 - 1,256 - 40,012 21,302 61,314 59,200 Consumable Supplies 125,269 2,490 2,858 587 131,205 30,707 161,912 199,269 Training & Travel 61,639 7,168 2,063 70,870 53,500 124,370 114,082 Telephone 88,129 152 8,056 96,337 67,258 163,595 143,494 Insurance 18,679 642 853 - 20,174 9,395 29,569 27,368 Contractual Services 71,783 - - 11,822 83,605 139,865 223,470 272,166 Books & Periodicals 35,280 3,213 2,012 - 40,505 19,282 59,787 51,177 Depreciation - - - - 20,509 20,509 27,295 Other Operating 55,916 9,063 2,498 463 67,940 253,312 321,252 377,786 Total Non -Personnel 841,082 52,128 36,042 12,872 942,124 1,240,741 2,182,865 2,312,336 TOTAL EXPENSES 5,445,249 250,878 116,699 44,955 5,857,781 10,751,197 16,608,978 14,313,261 Change in Net Assets - - - - - 1,987,944 1,987,944 1,453,977 Net Assets - Beginning of Year (restated) - 11,798,357 11,798,357 10,344,380 Net Assets - End of Year - $ $ - $ 13,786,301 $ 13,786,301 $ 11,798,357 'Technology Innovation Grants (TIG), Interest Income, and Attorney Fees. Seethe accompanying independent auditors' report. 14 Exhibit B COLORADO LEGAL SERVICES SCHEDULE OF SUPPORT, EXPENDITURES AND CHANGES IN NET ASSETS (CONTINUED) For the Year Ended December 31, 2021 Schedule IV Chatbot UT OK IS Attorney Interest TIG119058 TIG218062 TIG' 18009 Fees Income Total SUPPORT Grants and Contracts Interest Income Total PERSONNEL EXPENSES Attorney Salaries Paralegal Salaries Other Salaries Employee Benefits Total Personnel Expenses NON -PERSONNEL EXPENSES Rent & Maintenance Consumable Supplies Telephone Training & Travel Contractual Services Depreciation Other Operating Expenses Total Non Personnel Expenses TOTAL EXPENSES Revenues Over/ (Under) Expenditures Acquisition of Property Net Other Changes CHANGE IN NET ASSETS Net Assets - Beginning of Year (Restated) Net Assets - End of Year 'Technology Initiative Grant (TIG) "Technology Initiative Grant (TIG) 'Technology Initiative Grant (TIG) $ 13,159 $ 585 $ 1,139 $ 28,710 $ - $ 43,593 1,362 1,362 13,159 585 1,139 28,710 1,362 44,955 278 9 287 220 28,710 1,362 30,570 89 89 544 749 1,293 41 81 131 585 1,139 28,710 1,362 32,083 587 587 11,822 463 11,822 463 12,872 12,872 13,159 585 1,139 28,710 1,362 44,955 $ - $ $ - $ See the accompanying independent auditors' report. 15 Exhibit B COLORADO LEGAL SERVICES SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended December 31, 2O21 Source Period Project CFDA* Receipts Expenses Legal Services Corporation Department of Health & Human Services Department of Justice - VOCA Office Bureau of Justice Assistance (OJP-BJA) Department of Justice - OVC Office Department of Treasury * Catalog of Federal Domestic Assistance 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 1/1 - 12/31/21 Civil Legal Services Technology Innovation Grants Total - Legal Services Corporation Denver Regional Council of Governments Grand Junction Aging Services Pueblo Aging Services Pikes Peak Area Council of Governments Boulder Area Aging Region XII Greeley Aging Services Northwest - Area Aging Region XI & XII Upper Arkansas River Aging Services Larimer County Agency on Aging Region 10 Aging Services South Central Colorado Seniors, Inc. 9.706060 $ 9.706060 93.044 93.044 93.044 93.044 93.044 93.044 93.044 93.044 93.044 93.044 93.044 1/1 - 12/31/21 Denver Regional Council of Governments 93.045 Total Department of Health and Human Services and Cluster Total - Aging 1/1 - 12/31/21 Civil Legal Services for Victims 1/1 - 12/31/21 Tribal Civil Legal Assistance 1/1 - 12/31/21 Services for Victims of Human Trafficking 1/1 - 12/31/21 Low Income Tax Clinic (LITC) See the accompanying independent auditors' report. 16.575 16.815 16.320 21.008 5,812,826 $ 5,812,826 14,883 14,883 5,827,709 5,827,709 322,840 322,840 193,002 193,002 79,325 79,325 155,229 155,229 42,536 42,536 87,870 87,870 5,699 5,699 8,664 8,664 58,515 58,515 18,538 18,538 4,458 4,458 327,173 327,173 1,303,849 1,303,849 564,635 564,635 10,263 10,263 82,033 82,033 57,318 57,318 TOTAL $ 7,845,807 $ 7,845,807 16 Exhibit B COLORADO LEGAL SERVICES NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS DECEMBER 31, 2021 EXPENDITURES OF FEDERAL AWARDS General The accompanying schedule of expenditures of federal awards includes the federal grant activity of Colorado Legal Services ("CLS"). All federal financial assistance received by the reporting entity directly from federal agencies, as well as federal financial assistance passed through other government agencies, is included on the schedule. There were no federal awards passed through to sub recipients in the current year. Basis of presentation The accompanying schedule of expenditures of federal awards is presented using the accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Therefore, some amounts presented in this schedule may differ from amounts presented in, or used in the preparation of, the basic financial statements. Federal financial assistance provided to subrecipients is treated as an expenditure when it is paid to the subrecipient. Cost Allocation CLS uses the deminis cost rate of 10% to allocate indirect costs to Federal programs. 17 Exhibit B Schedule VI Colorado Legal Services The following schedule reflects the expenditure of not less than an amount equal to 12.5% of CLS' basic grant from the Legal Services Corporation to support the involvement of private attorneys in the delivery of legal services to income eligible program clients. 2021 SALARY AND FRINGE: Documented personnel expenses of designated program staff excluding Northwest Colorado Legal Services $130,066 OPERATING EXPENSES: Actual space costs and other non -personnel expenses directly attributable to private attorney involvement 23,015 CONTRACTUAL AGREEMENTS: Actual contractual payments to private attorneys to represent income eligible program clients excluding Northwest 94,106 Colorado Legal Services NORTHWEST COLORADO LEGAL SERVICES PROJECT: Costs for staff salaries, fringe and non -personnel costs for the support of the provision of pro bono services and contract payments to private attorneys for representation of income eligible program clients in eleven Colorado mountain counties 391.310 TOTAL EXPENDITURE 638,497 TOTAL REQUIREMENT 621,813 EXCESS $_1A,61 18 Exhibit B Green & Associates LLC Certified Public Accountants & Business Consultants REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL CONTROL OVER COMPLIANCE UNIFORM GUIDANCE INDEPENDENT AUDITOR'S REPORT To the Board of Directors of Colorado Legal Services Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited Colorado Legal Services', compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of Colorado Legal Services' major federal programs for the year ended December 31, 2021. Colorado Legal Services' major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. In our opinion, Colorado Legal Services complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2021. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor's Responsibilities for the Audit of Compliance section of our report. We are required to be independent of Colorado Legal Services and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of Colorado Legal Services' compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to Colorado Legal Services' federal programs. PO Box 865 Longmont, CO 80502 Green&Associates • LLC PHONE (720) 839-6458 www.GreenCPAfirm.com Certified Public Accountants & Business Consultants Exhibit B Auditor's Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on Colorado Legal Services' compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about Colorado Legal Services' compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding Colorado Legal Services' compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. Obtain an understanding of Colorado Legal Services' internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of Colorado Legal Services' internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 20 Exhibit B Our consideration of internal control over compliance was for the limited purpose described in the Auditor's Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. Longmont, Colorado April 8, 2022 21 Exhibit B Green & Associates LLC Certified Public Accountants & Business Consultants REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS INDEPENDENT AUDITOR'S REPORT To the Board of Trustees of Colorado Legal Services We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States , the financial statements of Colorado Legal Services (a nonprofit organization), which comprise the statement of financial position as of December 31, 2021, and the related statements of activities, and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated April 8, 2022. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered Colorado Legal Services' internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of Colorado Legal Services' internal control. Accordingly, we do not express an opinion on the effectiveness of Colorado Legal Services' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. PO Box 865 Longmont, CO 80502 Green&Associates • LLC mote (720) 839-6458 www.GreenCPAfirm.com Certified Public Accountants & Business Consultants Exhibit B Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether Colorado Legal Services' financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Longmont, Colorado April 8, 2022 23 Exhibit B SCHEDULE OF FINDINGS AND QUESTIONED COSTS December 31, 2021 Section I — Summary of Auditor's Results FINANCIAL STATEMENTS Type of Auditors Report Issued: UNMODIFIED Internal Control over Financial Reporting: • Material weakness identified? • Significant deficiencies identified? Noncompliance material to financial statement noted? FEDERAL AWARDS Internal control over major programs: • Material weakness identified? • Significant deficiencies identified? Type of Auditor's Report issued on Compliance for Major Programs: Any Audit findings disclosed that are required to be reported In accordance with section 2 CFR 200.516(a)? Identification of Major Programs: No No No No No UNMODIFIED No Federal Program or Cluster CFDA # 9.706060 Legal Services Corporation Dollar threshold used to distinguish between Type A and Type B programs: $750,000 Auditee qualified as low -risk? No* SECTION II FINANCIAL STATEMENT FINDINGS Current Year Audit Findings: Prior Year Audit Findings: None None SECTION III FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS Current Year Audit Findings: None Prior Year Audit Findings: None * CLS meets the requirements and qualifies as a low -risk auditee under the requirements of Uniform Guidance, however the Legal Services Corporation requires CLS to be designated as a high -risk auditee. 24 Exhibit B Colorado Legal Services Weld County Senior Project HOW TO COMPLAIN ABOUT OUR PROGRAM 1. You can complain if: a. We told you that you are not financially eligible for help from us. b. We told you that we couldn't take your case because ourrules won't allow it. c. We told you that we eouldn'ttake your case because it's not the type of case we handle. d. You are not happy with the way we handled your case. 2. To complain: , a. If you are not happy with the way we are handling your case, talk to the paralegal or attorney who is helping you, to see if we can take care of your concerns. b. If your paralegal or attorney doesn't take care of your concerns, or if we havetold you that we can't help you, complain to: Molly Ryan, Director of Administration and Access, Colorado Legal Services P.O. Box 1259 Buena Vista, CO 81211 Telephone: 719-395-0506 3. You can write out your complaint, or tell us and we will write it down for you. If you want to write it down yourself, please use this space (add more paper if you need it): 4. If you are not happy with the Administrator's handling of your complaint, you can send your complaint to the Executive Director of Colorado Legal Services. Mail it to: Executive Director, Colorado Legal Services Telephone: 303-866-9399 1905 Sherman Street, Suite 400 Denver, CO 80203 5 If you are not happy with the Executive Director's decision on your complaint, you can complain to: 1. The Grievance Committee of the Board of Directors of CLS, if you are unhappy with the handling of your case, or 2. The Chair of the Grievance Committee, if you have been denied help. You can ask another person to go to the meeting with you to help you with your complaint, and you can talk and/or give a written statement about your complaint. At the meeting, CLS can discuss confidential information about your case if necessary to respond to your complaint. 6. The decision of the Grievance Committee, or of the Chair of the Grievance Committee, is final and cannot be appealed, unless you are 60 years of age or older and live in the following counties: a. If you are 60 or older and live in Weld County, and you are not happy with how Colorado Legal Services resolves your complaint, you can contact: Weld County Area Agency on Aging Telephone: 970-346-6950 P.O. Box 1805 Greeley, CO 80632 b. If you are 60 or older and you are not happy with how your Area Agency on Aging resolves your complaint, you can contact: State Unit on Aging Colorado Department of Human Services 1575 Sherman Street, 106 Floor Denver, CO 80203 Telephone: 303-866-2845 Fax: 303-866-2696 Exhibit B Colorado Legal Services Board of Directors 2022 Chair: Tina Smith Treasurer: Kenzo Kawanabe Michelle T. Adams Denver, Colorado Attorney, Colorado Bar Assoc. Anne Castle Golden, Colorado Attorney, Colorado Bar Assoc. Lou Ann Conrad Eagle, Colorado Client Eligible Board Member Melissa L. Decker Minturn, Colorado Attorney, Colorado Bar Assoc. Jerome DeHerrera Denver, Colorado Attorney, Colorado Bar Assoc. John P. Frey Fort Collins, Colorado Attorney, Colorado Bar Assoc. Larry Gaddis Colorado Springs, Colorado Attorney, Colorado Bar Assoc. Karla Gomez Durango, Colorado Client Eligible Board Member Companeros: Four Corners Immigrant Resource Center Paula Greisen Denver, Colorado Attorney, Colorado Bar Assoc. Patricia Hall Durango, Colorado Attorney, Colorado Bar Assoc. Vice Chair: John P. Frey Secretary: Kymberly Merrick Franz Hardy Denver, Colorado Attorney, Sam Cary Bar Assoc. Nancy Hijar Clifton, Colorado Client Eligible Board Member Western Slope Center for Children Jeffrey Johnson Denver, Colorado Attorney, Colorado Bar Assoc. Kenzo Kawanabe Denver, Colorado Attorney, Colorado Bar Assoc. Henry Kroll Boulder, Colorado Client Eligible Board Member Boulder County Area Agency on Aging Kirsten Kurath Grand Junction, Colorado Attorney, Colorado Bar Assoc. Kimberly Lord Boulder, Colorado Attorney, Colorado Bar Assoc. Betty Marroquin Fort Collins, Colorado Client Eligible Board Member Shirley Ann Meekins Denver, Colorado Client Eligible Board Member Kymberly Merrick Craig, Colorado Client Eligible Board Member Moffat County United Way Meredith Munro Denver, Colorado Attorney, Colorado Bar Assoc. Meshach Rhoades Denver, Colorado Attorney, Colorado Hispanic Bar Assoc. Tina Smith Denver, Colorado Client Eligible Board Member AFDC Coalition Alan C. Stine Aurora, Colorado Attorney, Colorado Bar Assoc. Kara Veitch Denver, Colorado Attorney, Colorado Women's Bar Assoc. Daniel Vigil Denver, Colorado Attorney, Colorado Bar Assoc. Rachel Wallace Colorado Springs, Colorado Client Eligible Board Member Robyn Schnetzler, Technical Accounting Expert for the Finance and Audit Committee and the Board of Directors Exhibit B COLOLEG-01 MHOFF 4W 09 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 NAMEACT Nancy Rosenbach HUB International Insurance Services (COL) 111 S Tejon Street Colorado Springs, CO 80903 (Alt , No):(866 ja/"c°°,"N , Ext): (303) 291-2004 I FAX ) 243-0727 EMAIL ADDREss: nancy.rosenbach@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Sentinel Insurance Company, Ltd. 11000 INSURED INSURER B:Pinnacol Assurance Company 41190 Colorado Legal Services Inc. INSURER C: Hartford Fire Insurance Company 19682 1905 Sherman St Ste 400 INSURER D: Twin City Fire Insurance Company 29459 Denver, CO 80203 INSURER E : INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF IMMIDDiX, POLICY E%P IMM/DD/YYYYI LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X 34SBAPP3232 12/1/2022 12/1/2023 EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED PREMISES (Ea occurrence) 1 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE, AGGREGATE LIMIT APPLIES PER: POLICY111 78-i LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO MEOWNED SON, X AUTOS ONLY SCHEDULED AUTOSWN X AUOT0S ONLY X 34SBAPP3232 12/1/2022 12/1/2023 co xN D SINGLE LIMIT $ 1,000,000 Boo'LY INJURY (Per person) $ BODILY INJURY {Per accident) $ (Pe9ae d-reyr AMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 34SBAPP3232 12/1/2022 12/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y/" cFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X N / A 521222 12/1/2022 12/1/2023 X STATUTE I EORH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 C D Crime Cyber Liability 34 FA 0280436-22 34 MB 0280438-22 12/1/2022 12/26/2022 12/1/2023 12/26/2023 Employee Theft 1,000,000 / 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 707, Additional Remarks Schedule, may:,e, attached if more space is re4uired) Weld County Government is included as additional Insured under Businessowners Liility and Automobile Liability. CERTIFICATE HOLDER CANCELLATION Weld County Government 1150 O Street Greeley, CO 80631 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 16 \ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Exhibit B THE HARTFORD TWIN CITY FIRE INSURANCE CO., ONE COLLEGE PARK, INDIANAPOLIS, IN 46288-0930, A stock insurance company, herein called the Insurer CYBERCHOICE FIRST RESPONSE POLICY DECLARATIONS NOTICE: THIS POLICY CONTAINS CLAIMS MADE COVERAGE. EXCEPT AS OTHERWISE SPECIFIED IN THE POLICY: COVERAGE APPLIES ONLY TO A CLAIM FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD AND WHICH HAS BEEN REPORTED TO THE INSURER IN ACCORDANCE WITH THE APPLICABLE NOTICE PROVISIONS, PROVIDED THAT SUCH NOTICE IS GIVEN NO LATER THAN NINETY (90) CALENDAR DAYS AFTER THE TERMINATION OF THE POLICY PERIOD. COVERAGE IS SUBJECT TO THE INSURED'S PAYMENT OF THE APPLICABLE RETENTION. DEFENSE EXPENSES ARE APPLIED AGAINST THE RETENTION. FURTHER, PAYMENT OF DEFENSE EXPENSES REDUCES THE LIMITS OF LIABILITY. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. POLICY NUMBER: 34 MB 0280438-21 ITEM 1 NAMED INSURED AND ADDRESS: COLORADO LEGAL SERVICES, INC. 1905 SHERMAN STREET SUITE 400 DENVER, CO 80203 ITEM 2 PRODUCER NAME AND ADDRESS: 34345921 HUB INTERNATIONAL INS SVCS INC 2000 S COLORADO BLVD T2 150 DENVER, CO 80222 ITEM 3 POLICY PERIOD: A. Inception Date: 12/01/2021 B. Expiration Date: 12/01/2022 Both dates at 12:01 a.m. local time at the address shown in ITEM 1. ITEM 4 EXTENDED REPORTING PERIOD: Additional Duration: 12 Months for Additional Premium: 100% ITEM 5 POLICY PREMIUM: $6,303 ITEM 6 ENDORSEMENTS: SEE FORM GU207 (SCHEDULE OF ENDORSEMENTS) ITEM 7 NOTICE TO INSURER: * For Claims & First Party Coverage: * For all other notice: The Hartford The Hartford Hartford Financial Lines Hartford Financial Lines One Hartford Plaza One Hartford Plaza Hartford, CT 06115 Hartford, CT 06115 FirstResponse@thehartford.com HFPExpress@thehartford.com CB 00 H002 00 1017 © 2017, The Hartford Page 1 of 3 24/7 HOTLINE: 1-800-370-0605 Exhibit B Fax: (866) 586-4550 ITEM 8 COVERAGE ELECTIONS COMBINED POLICY AGGREGATE LIMIT OF LIABILITY: $1,000,000 Only those Coverages for which a limit appears are included under this Policy: LIMIT(S) OF LIABILITY RETROACTIVE COVERAGE(S) (AND SUB -LIMITS RETENTION(S) DATE(S) THERETO) LIABILITY COVERAGE(S) Data Privacy and Network Security Liability and Expense Insurance PCI Loss Sublimit $1,000,000 $5.000 $5,000 07/25/2013 $1,000,000 07/25/2013 Privacy Regulatory Matter $1,000,000 $5,000 07/25/2013 1. Regulatory Fines Sub -Limit $1,000,000 $5.000 07/25/2013 2. Regulatory Inquiry Expenses Sub -Limit $100,000 $5,000 07/25/2013 Digital Media Liability $1,000,000 $5,000 07/25/2013 FIRST PARTY COVERAGE(S) Incident Response Expenses $1,000,000 $5,000 1. Notification and Identity Protection Expenses $1,000,000 $5,000 Sub -Limit - Is this Sub -Limit outside the Combined Policy Yes X No Aggregate Limit of Liability? 2. Crisis Management Expenses Sub -Limit $1,000,000 $5,000 3. Computer Forensic Expenses Sub -Limit $1,000,000 $5,000 4. Internal Expense Sub -Limit $1,000,000 $5,000 Cyber Extortion Loss $1,000,000 $5,000 Network Restoration Expenses $1,000,000 $5,000 Internal Expense Sub -Limit $1,000,000 $5,000 Waiting Period Period of Retention / (Extra Restoration Expense Retention) Business Interruption 1. Business Interruption Loss $1,000,000 12 hours 30 days (Extra Expense) $5,000 2. Dependent Business Interruption Loss (Extra Expense) $100,000 12 hours $5,000 30 days SUPPLEMENTAL COVERAGE(S) RETENTION(S) RETROACTIVE DATE Pre -Claim Expenses $100,000 $5,000 07/25/2013 Post -Incident Remediation Expense Fund $5,000 $ This Policy shall not be valid unless countersigned by the Insurer's duly authorized representative. CB 00 H002 00 1017 © 2017, The Hartford Page 2 of 3 Exhibit B Date of Issue: 11/10/21 Countersigned by: cz ice:tot Authorized Representative CB 00 H002 00 1017 © 2017, The Hartford Page 3 of 3 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement ("Agreement") between the County and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the County is referred to as "Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly requires a distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement. 1. PURPOSE Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and all other applicable laws and regulations, all as may be amended. 2. DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a. Business Associate. "Business Associate" shall have the same meaning as the term "business associate" at 45 C.F.R. 160.103, and shall refer to Contractor. b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45 C.F.R. 160.103, and shall refer to the County. c. Information Technology and Information Security. "Information Technology" and "Information Security" shall have the same meanings as the terms "information technology" and "information security", respectively, in §24-37.5-102, C.R.S. Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Permitted Uses and Disclosures. i. Business Associate shall use and disclose PHI only to accomplish Business Associate's obligations under the Contract. Page 1 of 9 EXLIIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT ii. To the extent Business Associate carries out one or more of Covered Entity's obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. iii. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A. the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B. the person notifies Business Associate of any Breach involving PHI of which it is aware. iv. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de -identify any or all PHI created or received by Business Associate under this Agreement, provided the de -identification conforms to the requirements of the HIPAA Rules. b. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). c. Impermissible Uses and Disclosures. i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. d. Business Associate's Subcontractors. i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of Subcontractors who have entered into any such agreement with Business Associate. iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of any such agreements Business Associate has entered into with Subcontractors. e. Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such Page 2 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT system including, but not limited to, any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. f. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.524. g. Amendment of PHI. Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.526. ii. Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. h. Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. i. Restrictions and Confidential Communications. .1• i. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days of notice from Covered Entity of: A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. k. Audit, Inspection and Enforcement. Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. Page 3 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate's conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. I. Appropriate Safeguards. i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. iii. Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. iv. Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de -identified in conformance to the requirements of the HIPAA Rules. Safeguard During Transmission. i. Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. ii. Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS- compliant encryption algorithm. n. Reporting of Improper Use or Disclosure and Notification of Breach. i. Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. ii. Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. iv. Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. Page 4 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT o. Business Associate's Insurance and Notification Costs. i. Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A. loss of PHI data; B. Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and C. claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. P• q. Subcontractors and Breaches. Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. Data Ownership. i. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, Page 5 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4. OBLIGATIONS OF COVERED ENTITY a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. b. Notice of Changes. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses or disclosures. ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate's permitted use or disclosure of PHI. 5. TERMINATION a. Breach. i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. ii. Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. b. Effect of Termination. i. Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. Page 6 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT 6. INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. 7. LIMITATION OF LIABILITY Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under this Agreement, which shall not be limited. 8. DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9. CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity determines that examination is necessary to certify that Business Associate's Information Security safeguards comply with the HIPAA Rules or this Agreement. 10. AMENDMENT a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate's Subcontractors and agents that they shall adequately safeguard all PHI. Page 7 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. iv. Covered Entity may terminate this Agreement upon 30 days' prior written notice in the event that: A. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity's sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. 11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12. INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13. SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Page 8 of 9 EXHIBIT C HIPAA BUSINESS ASSOCIATE AGREEMENT APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to "Contract" or "Agreement" shall include this Appendix. 1. PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as "Reserved" shall be construed as setting forth no additional terms. 2. ADDITIONAL TERMS a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i. Reserved. b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i. Reserved. c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i. Reserved. d. Defmition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be deemed to occur, and Business Associate's obligations under the Agreement shall commence, as follows: Reserved. e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the following additional restrictions on Business Associate's use and disclosure of PHI under the Contract: i. Reserved. f. Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement i. Reserved. Page 9 of 9 Exhibit D Modified Scope and Rates Exhibit D addresses the funding, specific Scope of Services, Rates, and Performance Measurements based on the awarded grant monies issued by the County. 1. Funding Contractor will receive the following award as noted in the table below for the period July 1, 2023 to June 30, 2024 for Legal services: $ 90,000.00 I Total Grant Award The County agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate(s) specified in Section 2, Services and Rates. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the County, the County may immediately terminate the Agreement or amend it accordingly. 2. Service and Rates County agrees to pay Contractor for services outlined below, not to exceed the total grant award as noted in Section 1, Funding. Unit Rate $ 100.00 Service Description Leal Services Contractor agrees to provide 900 units to approximately 200 unduplicated older adults with the goal of reaching 40 minority adults, 140 low-income, and 40 rural older adults. 3. Terms Contractor agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services under this agreement by the end of the period dated in Section 1, Funding. Contractor agrees to document and report any program income received as a result of services provided under the Agreement. Contractor agrees to include the following statement in any written materials (pamphlets, brochures, announcements, websites, etc.) or in any verbal presentations: Contractor is supported, in part by funds provided by the Weld County Area Agency on Aging through the Older Americans Act. Exhibit D Modified Scope and Rates Contractor understands that County is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded; and Contractor accordingly agrees to cooperate fully with the County 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 County for the purpose of audit; and further agrees to do all things necessary to enable County to fulfill its obligation to the State of Colorado and the United States Government. Any changes, including any increase or decrease in the amount of Contractor's compensation, and including changes in budget allocations which are mutually agreed upon by and between the County and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. Contractor understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of the County, the Older Americans Act, Volume 10 Code of Colorado Regulations and the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by the County. b. Understands that if there is Federal/State program income unearned at the time the project is terminated, this amount must be returned to the County unless the County 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 County. 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 County and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial invoices and programmatic reports to the County by the 10th of the following month; ii. To submit other reports to the County as requested; iii. Maintain a computer system that will be able to manage all required Exhibit D Modified Scope and Rates County reporting software; iv. Maintain internet access in order to transfer all required data to the County. f. Agrees to advise the County of needed program and financial changes and await approval from the County 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 Contractor 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 Contractor. 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 an inability and/or choice not 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 grant 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. 1. Agrees to perform background checks of all employees, volunteers or subcontractors pursuant to C.R.S. 27-1-110 and in accordance with the policy of the County and the State Unit on Aging. Exhibit D Modified Scope and Rates 4. Performance Measures a. The Performance Measures Process. As set forth and defined herein, "Performance Focus" is a performance -based analysis strategy the Parties shall use in association with the Contractor's performance hereunder that allows the Parties to better focus on and improve performance outcomes to obtain maximum benefits from the work of the Contractor under this Contract. By identifying areas of focus, the Parties shall determine what aspects of the Contractor's performance hereunder are working and what aspects of said performance need improvement. By measuring the impact of day-to-day work of the Contractor hereunder, the Parties will be able to make more informed collaborative decisions to align the work of the Contractor to affect more positive performance outcomes and change for the purposes served through this Contract. b. Performance Measures Reports. Performance Measures Reports shall reflect relevant report data for the Performance Measures identified hereunder to be tracked on an ongoing basis through the Contract Performance Focus process. Performance Measures shall continue to evolve to meet the objective of measuring key performance outcome indicators for the work of the Contractor hereunder. Performance Measures may be changed via a contract amendment. c. Contract Performance Measures The Contractor agrees on the following initial Performance Measures: i. Measure: The Contractor shall increase unduplicated consumers served in comparison to the same month in the previous fiscal year. ii. Measure: In a consumer satisfaction survey provided by the State Unit on Aging (SUA) the contractor shall provide surveys to one hundred percent (100%) of registered consumers within the contractor's region during the month of February. The results shall be summarized by the contractor and submitted to the County by May 1st, unless otherwise requested by the County by a different date. The summarized results shall show the following measures: iii. Consumer Satisfaction Survey results shall show a minimum of ninety percent (90%) positive response. SIGNATURE REQUESTED: Weld/CO Legal Services Agreement Final Audit Report 2023-05-30 Created: 2023-05-23 By: Lesley Cobb (cobbulk@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAMh6JT8yI9KwrpuS-f36VObNryD4w31Fr "SIGNATURE REQUESTED: Weld/CO Legal Services Agreeme nt" History t Document created by Lesley Cobb (cobbxxlk@co.weld.co.us) 2023-05-23 - 3:53:21 PM GMT- IP address: 204.133.39.9 El Document emailed to mbaca@colegalserv.org for signature 2023-05-23 - 3:54:12 PM GMT t Email viewed by mbaca@colegalserv.org 2023-05-23 - 4:19:23 PM GMT- IP address: 172.59.1.185 t Email viewed by mbaca@colegalserv.org 2023-05-30 - 10:06:22 PM GMT- IP address: 104.47.56.126 Fj© Signer mbaca@colegalserv.org entered name at signing as Matthew Baca 2023-05-30 - 10:07:15 PM GMT- IP address: 50.243.155.181 654 Document e -signed by Matthew Baca (mbaca@colegalserv.org) Signature Date: 2023-05-30 - 10:07:17 PM GMT - Time Source: server- IP address: 50.243.155.181 Agreement completed. 2023-05-30 - 10:07:17 PM GMT Powered by Adobe Acrobat Sign Contract Form New Contract Request Entity Information Entity Name* COLORADO LEGAL SERVICES Entity ID. @00028264 ❑ New Entity? Contract Name. Contract ID COLORADO LEGAL SERVICES (PROFESSIONAL SERVICES 7052 AGREEMENT LEGAL SERVICES B2300042) Contract Status CTB REVIEW Contract Lead* COBBXXLK Contract Lead Email cobbxxlk@co.weld.co.us Parent Contract ID 20230507 Requires Board Approval YES Department Project # Contract Description* CONSENT - PROFESSIONAL SERVICES CONTRACT FOR LEGAL SERVICES FROM BID# 82300042 REFERENCED AS TYLER ID# 20230507. TERM 7/1/23 TO 6:30;24 AND MAY BE RENEWED FOR THREE ADDITIONAL ONE-YEAR TERMS UPON MUTUAL WRITTEN AGREEMENT. Contract Desorption 2 REFERENCE BID #62300042 AWARD ON 3 15/23 TYLER ID# 2023-0507. LEGAL SERVICES = $90,000.00 Contract Type* AGREEMENT Amount* $90,000.00 Renewable* NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM Requested BOCC Agenda Date 06/07/2023 Due Date 06/03/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Date Effective Date Review Date" 04'30,2024 Renewal Date Termination Notice Period Contact Information Committed Delivery Date Expiration Date" 06/28;2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 06 02' 2023 Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/02/2023 06/02/2023 06/02/2023 Final Approval BOCC Approved Tyler Ref AG 060723 BOCC Signed Date BOCC Agenda Date 06/07/2023 Originator COBtXXLK Hello