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HomeMy WebLinkAbout20151915.tiffdie PRIVILEGED AND CONFIDENTIAL /D /9/f MEMORANDUM DATE: June 19, 2018 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Fiscal Year 2018-19 Purchase of Service Agreement Amendments for the Area Agency on Aging Outreach Services Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Fiscal Year 2018-19 Purchase of Service Agreement Amendments for the Area Agency on Aging (AAA) Outreach Services. AAA wishes to continue to purchase outreach services through Older Americans Act funding. The vendors noted below were initially brought under contract in FY2015-16 and have been renewed each year thereafter (FY20 16-17 and FY2017-18). They are being renewed a third term for the period of July 1, 2018, through June 30, 2019, for the services and amounts noted below. CMS ID Vendor Service Description Rate(s)/Unit Maximum Reimbursement 1917 Catholic Community the Denver Archdiocese Charities Services of and for Services Hispanic Adults Case for Older Management $33.00/Hour $40.00/Hour $160,000.00 1918 Colorado Legal Services Legal Services $100.00/Hour $63,000.00 1919 Commission ABA Greeley Now, Gopher LLC Senior Program Nutrition - $8,419.00/Month (Plus surcharge.) fuel $101,028.00 surcharge.) (Plus fuel Transportation Services 1920 Meals on Wheels Purchase Delivery and Meals $8.00/Meal $180,000.00 of 1921 North Health Range Behavioral Peer Counseling Services $22.94/Hour $90,000.00 1922 Senior Services Resource Transportation Services $12.55/Ride (One-way) $90,000.00 1923 University Colorado Services -- of Dining Northern _ Senior Program Nutrition - Meals $6.57/Meal $2.71/Serving (Salad Bar) N/A Pass -Around Memorandum; June 19, 2018 -- &64 ,(Various) f e D x,,30 - !8 Page 1 44? -49A51 -/49/i //iEj9O1(c PRIVILEGED AND CONFIDENTIAL I do not recommend a Work Session. I recommend approval of these amendments and authorize the Director and Chair to sign. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Approve Recommendation Work Session 10 Schedule • Other/Comments: Pa e 2 Pass -Around Memorandum; June 19, 2018 --ID (Various) g PURCHASE SERVICE AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO LEGAL SERVICES This Agreement Amendment, made and entered intEAntil A day o ' �: � 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of El f tiara a vices, Area Agency on Aging, lreleinalicr referred to as the "AAA", and Colorado Legal Services, hereinafter referred to as t "CLS". WHEREAS the panics entered into an Agreement to purchase Legal Services (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015-1915, approved on July I, 2015. WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of the Original Agreement and the previous amendment, which are 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 terms of this agreement will extend from July 1, 2018 through June 30, 2019. This amendment will terminate immediately in the event of loss of funding. • This Amendment, together with the Original Agreement and previous amendments, constitutes the entire understanding between the parties. The following change is hereby made to the agreement documents: I , The AAA herby agrees to award grant monies in the sum of $63,000,000 ($63,000 Older Americans Act). AAA will reimburse CLS at $100.00 per hour, CLS agrees to provide a total of 630 units of services for eligible seniors. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS W REOF, the par ' . hereto h e 4. duly executed the Agreement as of the day, month and year first above written AT r EST • Wel• ot�nty Clerk to the Bo COUNTY: BOARD OF COUNTY COMMISSIONERS LD CQUNTY COLORDO Deputy Clerk t� th :. •aid r, .r''_���t��►� _ <Steve Moreno, Chair WELD COON AREA AGENCY ON AGING e• t ced Eva M. Jewell, ivi 0D Head QNTRACTOR: Colorado Legal Services 912 8th Avenue Greeley, CO 80631 1 1 dr (14 l n pf, Jofiathan Ash t r, Executive Director JUL 3 0 2013 ghte Unira.0- ID 1i cr1 PURCHASE SERVICE AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO LEGAL SERVICES This Agreement Amendment made and entered into 0_,day o 2017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of H an ices, Area Agency on Aging, hereinafter referred to as the "AAA", and Colorado Legal Services, hereinafter referred to as the "CLS". WHEREAS the parties entered into an Agreement to purchase Legal Services (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015-1915, approved on July 1, 2015. WHEREAS the parties hereby agree to amend the terms) of the Original Agreement in accordance with the terms of the Original Agreement and the previous amendment which are 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 terms of this agreement will extend through June 30, 2018. This amendment will terminate immediately in the event of loss of funding. • This Amendment, together with the Original Agreement and the amendment executed constitutes the entire understanding between the parties. The following change is hereby made to the agreement documents: 1. The AAA herby agrees to award grant monies in the sum of $63,000 ($63,000 Older Americans Act) for the period of July 1, 2017 through June 30, 2018. AAA will reimburse CLS at 5100.00 per hour, CLS agrees to provide a total of 630 units of services for eligible seniors. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duty executed the Agreement as of the day, month and year first above written ATTEST: d JetliOgi COUNTY: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD CO COLORDO By ty Clerk to the Boa WELD COUNTY DEPARTM HU AN SEVICES J d Grlego, r rector D COUNTY AREA AGEN ON AGING M. Jewell, Division Head L"arv�st arta& -S-Zot 7 e A. Cozad, Chair JUL NTRACTOR: orado Legal Services 28"' Avenue reeley, CO 80631 athan r. Asher, Executive 2017 rector SpCan lSB T ) ao�s.II '7f S/f7 k&oogb RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO LEGAL SERVICES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Purchase of Service Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Area Agency on Aging, and Colorado Legal Services, commencing upon the full execution of signatures, and ending June 30, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Purchase of Services Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Area Agency on Aging, and Colorado Legal Services, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:di v• jeliO;4 Weld County Clerk to the Board Aount torney Steve Moreno Date of signature: 7/P`f 0-arbara Kirkmeyer,, Chair Mike Freeman, Pro-Tem et: hem g/c� 2015-1915 HR0086 6Y7Httact /D MEMORANDUM DATE: June 18, 2015 TO: Board of County Commissioners -- Pass -Around FR: Judy A. Griego, Director, Human Services RE: Purchase of Services Agreements between the Weld County Department of Human Services' Area Agency on Aging (AAA) and Various Providers Please review and indicate if you would like a work session prior to placing these items on the Board's agenda. Request Board Approval for Purchase of Services Agreements between the Departments' Area Agency on Aging (AAA) and Various Providers. AAA desires to purchase outreach services from the below providers. The term of these agreements begins upon the date of the execution of the agreement by the County and shall continue through June 30. 2016. Provider Service FY16 l nit Cost FY16 Contract FY IS Current Unit Cost FY1S Current Contract Catholic Charities Northern Hispanic Outreach $33.00 $60,000 Expenditure based $60,000 Catholic Charities Northern Case Management $40.00 $30,000 New Service New Service Colorado l.egal Services Legal Services +$100.00 _ $70.000 Was provided in- house Was provided In-house Eldcrgarden Adult Day Program $16.88 $50,000 S15.69 $50.000 Commission Now. 1.1.C dha The Greeley Gopher Senior Nutrition Meal Transport $7472.00 plus Fuel surcharge $100.000 $7.261.00 $100.000 Meals on Wheels Home Delivered Meals $6.00 $140.00(1 $5.73 $130.000 North Range Behavioral I Iealth Peer Counseling $21.34 $80.000 S21.33 580,000 Rehabilitation and Visiting Nurse Association Homemaker and Personal Care $25.25 $1 15.000 $70,000 $24.74 $115,000 Senior Resource Services Volunteer Transportation 1 $12.55 $1 1.98 550,000 I do not recommend a Work Session. l recommend approval of these Agreements. Approve Request B( 'C :.uenda Work Session Sean Conway Steve Moreno Barbara Kirkmeyer Mike Freeman Julie Corad Pass -Around Memorandum: June I8 2015 Page 1 2015-1915 C Ni Apei lb IUD PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 1s` day of July, 2015, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services' Area Agency on Aging, hereinafter referred to as "AAA" and Colorado Legal Services hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, AAA develops and administers the Area Plan for a comprehensive and coordinated system of services, and WHEREAS, AAA serves as the advocate and focal point for older persons with the greatest economic and social need, and WHEREAS, Contractor is a private, non-profit organization existing for the purpose of legal services to residents of Weld County, and WHEREAS, AAA desires to purchase legal services for low-income seniors from Contractor NOW THEREFORE, it is mutually agreed: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits B and C, each of which forms an integral part of this Agreement. Exhibits B and C are specifically incorporated herein by this reference. AAA and Contractor acknowledge and agree that this Agreement, including specifically Exhibits B and C, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit B consists of AAA's Request for Bid (RFB) as set forth in "Bid Package No. B1500061. The RFB contains all of the specific requirements of AAA. Exhibit C consists of Contractor's Response to AAA's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. The AAA hereby agrees to award grant monies in the sum of $70,000 through the Older Americans Act to Contractor. 3. Contractor agrees to provide 700 units of legal services to 200 seniors with a goal of reaching 40 rural seniors and 40 minority seniors. 4. The AAA agrees to reimburse Contractor for all eligible project costs up to but not exceeding the sum of $70,000 at a unit rate of $100.00 per unit. aOis-19i5(i) 5. Contractor agrees to commence services with thirty (30) days after the signing of the Agreement and assure completion of all services required hereunder by June 30, 2016. 6. Contractor agrees to document and report any project income received as a result of services provided under the Agreement. 7. Contractor agrees to include the following statement in any written materials (pamphlets, brochures, announcements, 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. 8. Contractor understands that AAA is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of 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 AM in the conduct of such evaluation and monitoring, including the keeping and supplying of such information, and providing access to documents and records to the AAA for the purpose of audit; and further agrees to do all things necessary to enable AAA to fulfill its obligation to the State of Colorado and the United States Government. 9. Any changes, including any increase or decrease in the amount of Contractor's compensation, and including changes in budget allocations which are mutually agreed upon by and between the AAA and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. 10. 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, the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by AAA. b. Understands that if there is FederaVState program income unearned at the time the project is terminated, this amount must be returned to the AAA unless the AAA otherwise stipulates. c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed, the proportion of Federal/State funds disallowed must be returned to the MA. d. Understands that this award is made for the period amounts stated in this Agreement. This Agreement in no way implies further funding which is contingent upon the availability of funds and approval of future project applications. e. Agrees to keep records and make reports on the forms required by the AAA and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial and programmatic reports to the AAA by the 10th of the following month; U. To submit other reports to the MA as requested; iii. Maintain a computer system that will be able to manage all required AM reporting software; iv. Maintain internet access in order to transfer all required data to the AAA. f. Agrees to advise the AAA of needed program and financial changes and await approval from the AAA prior to change implementation. g. Agrees to have policies and procedures for complaint/appeal tracking, timely disposition of complaints/appeals and documentation of such processes. h. Agrees to have a client grievance policy, which will address any alleged infractions of any federal state or local laws by 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 AM. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the cost of the services received. Each recipient shall be given the opportunity to determine if they are able to contribute to all or part of the cost of services. No recipient shall be denied a service because of a failure to contribute to all or part of the cost of the service. All contributions shall be considered program income. All contributions shall be used to expand the services for which the contributions were given. k. Agrees that local cash or in -kind contributions have not been used to satisfy or match another federal 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. 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 AAA and the State Unit on Aging. 11. 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 1. Measure: The Contractor shall increase unduplicated consumers served in comparison to the same month In 2014. 2. Measure: In a consumer satisfaction survey provided by the State Unit on Aging (SUA) the Contractor shall provide surveys to fifty percent (50%) 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 AAA by May 1. The summarized results shall show the following measures: I. 80% of responding consumers identify the services received through OAA/SFSS maintain or improve their independence. 12. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit B which is attached hereto and incorporated herein by reference. Contractor shall coordinate with the AAA to perform the services described on attached Exhibits B and C. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent individuals performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits B and C within the time limits prescribed by AAA may result in AAA's decision to withhold payment or to terminate this Agreement. In its sole discretion, the AAA, by the Director of the Department of Human Services or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 13. Term. The term of this Agreement begins upon the date of the execution of this Agreement by AAA, and shall continue through June 30, 2016. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit AAA from entering into Agreements which bind AAA for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, AAA shall notify Contractor if it wishes to renew this Contract. 14. Termination. AM has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the AAA. If this Agreement is terminated by AAA, 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 MA; (2) the reasonable value to AAA of the materials 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 AM approves in writing which it determines is needed to accomplish an orderly termination of the work. AAA shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, AAA shall take possession of all materials, equipment, tools and facilities owned by AAA which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to AAA all property or other documents it has possession of under this Agreement, together with all other items, materials and documents which have been paid for by MA, and these items, materials and documents shall be the property of AM. Upon termination of this Agreement by AAA, Contractor shall have no claim of any kind whatsoever against the MA 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. 15. Extension or Modification. 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 AAA for such additional services. Accordingly, no claim that the AAA 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. 16. Compensation/Contract Amount. In no event shall County be required to pay Contractor more than the available grant funds contemplated in this Agreement, nor more than that amount stated in paragraph 1. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Contractor shall provide invoices to County on a monthly basis. Monthly supporting documentation shall match units of services in the data reporting system to the monthly Invoice. County shall pay all such invoices, unless in dispute, within 30 days of receipt. 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. The Parties understand that this Agreement is wholly funded by State and Federal funds, and the County shall have no obligation to expend any funds not appropriated by the State for purposes related to this Agreement. 17. Independent Contractor. Contractor agrees that it is an Independent Contractor and that Contractor's officers, agents or employees will not become employees of AAA, nor entitled to any employee benefits from AAA as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. 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 AAA and AAA shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind AAA to any agreement, liability or understanding, except as expressly set forth in this Agreement. 18. Subcontractors. Contractor acknowledges that AAA 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 this Project without AM's prior written consent, which may be withheld in AAA's sole discretion. 19. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of AAA. 20. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of 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 AAA'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 AM. 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. 21. Warranty. Contractor warrants that the services 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 services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 22. Acceptance of Services Not a Waiver. In no event shall any action by AM hereunder constitute or be construed to be a waiver by AAA of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the AAA of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the AAA's rights under this Agreement or under the law generally. 23. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals 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. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The AM 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. 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 construction 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. INDEMNITY: The Contractor shall defend, indemnify and hold harmless AAA, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract 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, 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, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. 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 AAA 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 MA. A failure to comply with this provision shaft result in AAA's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the AAA. 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 with the minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; and $50,000 any one fire Professional Liability: Professional liability insurance with minimum limits of liability of not less than $1,000,000, unless waived by the State. Privacy Insurance: If this Contract includes a HIPAA Associates Addendum exhibit, Contractor shall obtain and maintained during the term of this Contract liability insurance covering all loss of Protected Health Information data and claims based upon alleged violations of privacy rights through improper use or disclosure of Protected Health Information (PHI) with a minimum annual limit of $1,000,000. Automobile Liability: Contractor /Contract Professional 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 AAA property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the AAA at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: AAA reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name AAA as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against AAA. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 24. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of MA. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by AAA shall, at the option of AAA, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of AAA. 25. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of AAA, including the Weld 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 26. 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. 27. Notices. AAA may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and 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. The County Representative for purposes of this Agreement is hereby identified as, Eva M. Jewell. All notices or other communications (including annual maintenance 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 by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Colorado Legal Services Attn.: Debora Wagner, Managing Attorney Address: 912 8th Avenue Address: Greeley, CO 80631 E-mail: dwagner@colegalserv.org Weld County Area Agency on Aging: Name: Eva Jewell Position: Weld County Area Agency on Aging Division Head Address: 315 North 11th Avenue, Building C or PO Box 1805 Address: Greeley, CO 80631 E-mail: ejewell@weldgov.com Facsimile: (970) 346-3951 28. 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. 29. Non -Exclusive Agreement. This Agreement is nonexclusive and AAA may engage or use other Contractors or persons to perform services of the same or similar nature. 30. 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. 31. Fund Availability. Financial obligations of the AAA 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 AAA does not create an obligation on the part of AAA to expend funds not otherwise appropriated in each succeeding year. 32. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree 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. 33. 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. 34. Governmental Immunity. No term or condition of this contract 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. 35. 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. 36. 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. 37. 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. 38. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. AAA 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 B and C, 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. Exhibit A HIPAA BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum ("Addendum") is a part of the Contract dated July 1, 2015 between the Department of Human Services Weld County Area Agency on Aging and Colorado Legal Services. For purposes of this Addendum, the Weld County Department of Human Services Area Agency on Aging is referred to as "Covered Entity" or "CE" and Colorado Legal Services is referred to as "Associate". Unless the context clearly requires a distinction between the Contract document and this Addendum, all references herein to "the Contract" or "this Contract" include this Addendum. RECITALS A. CE wishes to disclose certain information to Associate pursuant to the terms of the Contract, some of which may constitute Protected Health Information ("PHI") (defined below). B. CE and Associate intend to protect the privacy and provide for the security of PHI disclosed to Associate pursuant to this Contract in compliance with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §1320d -1320d-8 ("HIPAA") as amended by the American Recovery and Reinvestment Act of 2009 ("ARRA")/HITECH Act (P.L. 111-005), and its implementing regulations promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. C. As part of the HIPAA Rules, the CE is required to enter into a written contract containing specific requirements with Associate prior to the disclosure of PHI, 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 contained in this Addendum. The parties agree as follows: 1. Definitions a. Except as otherwise defined herein, capitalized terms in this Addendum shall have the definitions set forth in the HIPAA Rules at 45 C.F.R. Parts 160, 162 and 164, as amended. In the event of any conflict between the mandatory provisions of the HIPAA Rules and the provisions of this Contract, the HIPAA Rules shall control. Where the provisions of this Contract differ from those mandated by the HIPAA Rules, but are nonetheless permitted by the HIPAA Rules, the provisions of this Contract shall control. b. "Protected Health Information" or "PHI" means any information, whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (H) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual, and shall have the meaning given to such term under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.501. c. "Protected Information" shall mean PHI provided by CE to Associate or created received, maintained or transmitted by Associate on CE's behalf. To the extent Associate is a covered entity under HIP AA and creates or obtains its own PHI for treatment, payment and health care operations, Protected Information under this Contract does not include any PHI created or obtained by Associate as a covered entity and Associate shall follow its own policies and procedures for accounting, access and amendment of Associate's PHI. d. "Subcontractor" shall mean a third party to whom Associate delegates a function, activity, or service that Involves CE's Protected Information, in order to carry out the responsibilities of this Agreement. 2. Obligations of Associate a. Permitted Uses. Associate shall not use Protected Information except for the purpose of performing Associate's obligations under this Contract and as permitted under this Addendum. Further, Associate shall not use Protected Information in any manner that would constitute a violation of the HIPAA Rules if so used by CE, except that Associate may use Protected Information: (i) for the proper management and administration of Associate; (ii) to carry out the legal responsibilities of Associate; or (Iii) for Data Aggregation purposes for the Health Care Operations of CE. Additional provisions, if any, governing permitted uses of Protected Information are set forth in Attachment A to this Addendum. Associate accepts full responsibility for any penalties incurred as a result of Associate's breach of the HIPAA Rules. b. Permitted Disclosures. Associate shall not disclose Protected Information in any manner that would constitute a violation of the HIPAA Rules if disclosed by CE, except that Associate may disclose Protected Information: (i) in a manner permitted pursuant to this Contract; (ii) for the proper management and administration of Associate; (iii) as required by law; (iv) for Data Aggregation purposes for the Health Care Operations of CE; or (v) to report violations of law to appropriate federal or state authorities, consistent with 45 C.F.R. Section 164.502(j)(1). To the extent that Associate discloses Protected Information to a third party Subcontractor, Associate must obtain, prior to making any such disclosure: (i) reasonable assurances through execution of a written agreement with such third party that such Protected Information will be held confidential as provided pursuant to this Addendum and only disclosed as required by law or for the purposes for which it was disclosed to such third party; and that such third party will notify Associate within two (2) business days of any breaches of confidentiality of the Protected Information, to the extent it has obtained knowledge of such breach. Additional provisions, if any, governing permitted disclosures of Protected Information are set forth in Attachment A. c. Appropriate Safeguards. Associate shall implement appropriate safeguards as are necessary to prevent the use or disclosure of Protected Information other than as permitted by this Contract. Associate shall comply with the requirements of the HIPAA Security Rule at 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316. Associate shall maintain a comprehensive written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Associate's operations and the nature and scope of its activities. Associate shall review, modify, and update documentation of its safeguards as needed to ensure continued provision of reasonable and appropriate protection of Protected Information. d. Reporting of Improper Use or Disclosure. Associate shall report to CE in writing any use or disclosure of Protected Information other than as provided for by this Contract within five (5) business days of becoming aware of such use or disclosure. e. Associate's Agents. If Associate uses one or more Subcontractors or agents to provide services under the Contract, and such Subcontractors or agents receive or have access to Protected Information, each Subcontractor or agent shall sign an agreement with Associate containing the same provisions as this Addendum and further identifying CE as a third party beneficiary with rights of enforcement and indemnification from such Subcontractors or agents in the event of any violation of such Subcontractor or agent agreement. The Agreement between the Associate and Subcontractor or agent shall ensure that the Subcontractor or agent agrees to at least the same restrictions and conditions that apply to Associate with respect to such Protected Information. Associate shall implement and maintain sanctions against agents and Subcontractors that violate such restrictions and conditions and shall mitigate the effects of any such violation. f. Access to Protected Information. If Associate maintains Protected Information contained within CE's Designated Record Set, Associate shall make Protected Information maintained by Associate or its agents or Subcontractors in such Designated Record Sets available to CE for inspection and copying within ten (10) business days of a request by CE to enable CE to fulfill its obligations to permit individual access to PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.524. If such Protected Information is maintained by Associate in an electronic form or format, Associate must make such Protected Information available to CE in a mutually agreed upon electronic form or format. g. Amendment of PHI. If Associate maintains Protected Information contained within CE's Designated Record Set, Associate or its agents or Subcontractors shall make such Protected Information available to CE for amendment within ten (10) business days of receipt of a request from CE for an amendment of Protected Information or a record about an individual contained in a Designated Record Set, and shall incorporate any such amendment to enable CE to fulfill its obligations with respect to requests by individuals to amend their PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.526. If any individual requests an amendment of Protected Information directly from Associate or its agents or Subcontractors, Associate must notify CE in writing within five (5) business days of receipt of the request. Any denial of amendment of Protected Information maintained by Associate or its agents or Subcontractors shall be the responsibility of CE. 1• h. Accounting Rights. If Associate maintains Protected Information contained within CE's Designated Record Set, Associate and its agents or Subcontractors shall make available to CE within ten (10) business days of notice by CE, the information required to provide an accounting of disclosures to enable CE to fulfill its obligations under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.528. In the event that the request for an accounting is delivered directly to Associate or its agents or Subcontractors, Associate shall within five (5) business days of the receipt of the request forward it to CE in writing. It shall be CE's responsibility to prepare and deliver any such accounting requested. Associate shall not disclose any Protected Information except as set forth in Section 2(b) of this Addendum. i. Governmental Access to Records. Associate shall keep records and make its internal practices, books and records relating to the use and disclosure of Protected Information available to the Secretary of the U.S. Department of Health and Human Services (the "Secretary"), in a time and manner designated by the Secretary, for purposes of determining CE's or Associate's compliance with the HIPAA Rules. Associate shall provide to CE a copy of any Protected Information that Associate provides to the Secretary concurrently with providing such Protected Information to the Secretary when the Secretary is investigating CE. Associate shall cooperate with the Secretary if the Secretary undertakes an investigation or compliance review of Associate's policies, procedures or practices to determine whether Associate is complying with the HIPAA Rules, and permit access by the Secretary during normal business hours to its facilities, books, records, accounts, and other sources of information, including Protected Information, that are pertinent to ascertaining compliance. Minimum Necessary. Associate (and its agents or subcontractors) shall only request, use and disclose the minimum amount of Protected Information necessary to accomplish the purpose of the request, use or disclosure, in accordance with the Minimum Necessary requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections 164.502(b) and 164.514(d). k. Data Ownership. Associate acknowledges that Associate has no ownership rights with respect to the Protected Information. I. Retention of Protected Information. Except upon termination of the Contract as provided in Section 4(d) of this Addendum, Associate and its Subcontractors or agents shall retain all Protected Information throughout the term of this Contract and shall continue to maintain the information required under Section 2(h) of this Addendum for a period of six (6) years. m. Associate's Insurance. Associate shall maintain insurance to cover loss of PHI data and claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. All such policies shall meet or exceed the minimum insurance requirements of the Contract (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status and notice of cancellation). n. Notice of Privacy Practices. Associate shall be responsible for reviewing CE's Notice of Privacy Practices, available on CE's external website, to determine any requirements applicable to Associate per this Contract. o. Notification of Breach. During the term of this Contract, Associate shall notify CE within two (2) business days of any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations. Associate shall not initiate notification to affected individuals per the HIPAA Rules without prior notification and approval of CE. Information provided to CE shaft include the identification of each individual whose unsecured PHI has been, or is reasonably believed to have been accessed, acquired or disclosed during the breach. Associate shall take (i) prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. p. Audits. Inspection and Enforcement. Within ten (10) business days of a written request by CE, Associate and its agents or subcontractors shall allow CE to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether Associate has complied with this Addendum; provided, however, that: (i) Associate and CE shall mutually agree in advance upon the scope, timing and location of such art inspection; and (ii) CE shall protect the confidentiality of all confidential and proprietary information of Associate to which CE has access during the course of such inspection. The fact that CE inspects, or fails to inspect, or has the right to inspect, Associate's facilities, systems, books, records, agreements, policies and procedures does not relieve Associate of its responsibility to comply with this Addendum, nor does CE's (i) failure to detect or (ii) detection, but failure to notify Associate or require Associate's remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE's enforcement rights under the Contract. q. Safeguards During Transmission. Associate shall be responsible for using appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality, integrity and security of Protected Information transmitted pursuant to the Contract, in accordance with the standards and requirements of the HIPAA Rules. r. Restrictions and Confidential Communications. Within ten (10) business days of notice by CE of a restriction upon uses or disclosures or request for confidential communications pursuant to 45 C.F.R. Section 164.522, Associate will restrict the use or disclosure of an individual's Protected Information. Associate will not respond directly to an individual's requests to restrict the use or disclosure of Protected Information or to send all communication of Protected Information to an alternate address. Associate will refer such requests to the CE so that the CE can coordinate and prepare a timely response to the requesting individual and provide direction to Associate. 3. Obligations of CE a. Safeguards During Transmission. CE shall be responsible for using appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality, integrity and security of Protected Information transmitted pursuant to the Contract, in accordance with the standards and requirements of the HIPAA Rules. b. Notice of Changes. CE maintains a copy of its Notice of Privacy Practices on its website. CE shall provide Associate with any changes in, or revocation of, permission to use or disclose Protected Information, to the extent that it may affect Associate's permitted or required uses or disclosures of PHI. CE shall notify Associate of any restriction on the use or disclosure of Protected Information that CE has agreed to in accordance with 45 C.F.R. Section 164.522. 4. Termination. a. Material Breach. In addition to any other provisions in the Contract regarding breach, a breach by Associate of any provision of this Addendum, as determined by CE, shall constitute a material breach of this Contract and shall provide grounds for immediate termination of this Contract by CE pursuant to the provisions of the Contract covering termination for cause, if any. If the Contract contains no express provisions regarding termination for cause, the following terms and conditions shall apply: (1) Default. If Associate refuses or fails to timely perform any of the provisions of this Contract, CE may notify Associate in writing of the non-performance, and if not promptly corrected within the time specified, CE may terminate this Contract. Associate shall continue performance of this Contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. (2) Associate's Duties. Notwithstanding termination of this Contract, and subject to any directions from CE, Associate shall take timely, reasonable and necessary action to protect and preserve property in the possession of Associate in which CE has an interest. (3) Compensation. Payment for completed supplies delivered and accepted by CE shall be at the Contract price. In the event of a material breach under paragraph 4a, CE may withhold amounts due Associate as CE deems necessary to protect CE against loss from third party claims of improper use or disclosure and to reimburse CE for the excess costs incurred in procuring similar goods and services elsewhere. (4) Erroneous Termination for Default. If after such termination it is determined, for any reason, that Associate was not in default, or that Associate's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if this Contract had been terminated for convenience, as described in this Contract. b. Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice of Associate that constitutes a material breach or violation of the Associate's obligations under the provisions of this Addendum or another arrangement and does not terminate this Contract pursuant to Section 4(a), then CE shall take reasonable steps to cure such breach or end such violation. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall either (i) terminate the Contract, if feasible or (ii) if termination of this Contract is not feasible, CE shall report Associate's breach or violation to the Secretary of the department of Health and Human Services. If Associate knows of a pattern of activity or practice of a Subcontractor or agent that constitutes a material breach or violation of the Subcontractor's or agent's obligations under the written agreement between Associate and the Subcontractor or agent, Associate shall take reasonable steps to cure such breach or end such violation, if feasible. c. Judicial or Administrative Proceedings. Either party may terminate the Contract, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of the HIPAA Rules or other security or privacy laws or (ii) a finding or stipulation that the other party has violated any standard or requirement of the HIPAA Rules or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. d. Effect of Termination. (1) Except as provided In paragraph (2) of this subsection, upon termination of this Contract, for any reason, Associate shall return or destroy all Protected Information that Associate or its agents or Subcontractors still maintain in any form, and shall retain no copies of such Protected Information. If Associate elects to destroy the PHI, Associate shall certify in writing to CE that such PHI has been destroyed. (2) If Associate believes that returning or destroying the Protected Information is not feasible, Associate shall promptly provide CE notice of the conditions making return or destruction infeasible. Associate shall continue to extend the protections of Sections 2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such Protected Information, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 5. Injunctive Relief. CE shall have the right to injunctive and other equitable and legal relief against Associate or any of its Subcontractors or agents in the event of any use or disclosure of Protected Information in violation of this Contract or applicable law. 6. No Waiver of Immunity. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS 24-10- 101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now in effect or hereafter amended. 7. Limitation of Liability. Any limitation of Associate's liability in the Contract shall be inapplicable to the terms and conditions of this Addendum. 8. Disclaimer. CE makes no warranty or representation that compliance by Associate with this Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes. Associate is solely responsible for all decisions made by Associate regarding the safeguarding of PHI. 9. Certification. To the extent that CE determines an examination is necessary in order to comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its security practices, CE or its authorized agents or contractors, may, at CE's expense, examine Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to CE the extent to which Associate's security safeguards comply with the HIPAA Rules or this Addendum. 10. Amendment. a. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Addendum may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of the HIPAA Rules and other applicable laws relating to the confidentiality, integrity, availability and security of PHI. The parties understand and agree that CE must receive satisfactory written assurance from Associate that Associate will adequately safeguard all Protected Information and that it is Associate's responsibility to receive satisfactory written assurances from Associate's Subcontractors and agents. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Addendum embodying written assurances consistent with the standards and requirements of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty (30) days written notice in the event (i) Associate does not promptly enter into negotiations to amend this Contract when requested by CE pursuant to this Section, or (ii) Associate does not enter into an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of the HIPAA Rules. b. Amendment of Attachment A. Attachment A may be modified or amended by mutual agreement of the parties in writing from time to time without formal amendment of this Addendum. 11. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and any Subcontractors, employees or agents assisting Associate in the performance of its obligations under the Contract, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers or employees based upon a claimed violation of the HIPAA Rules or other laws relating to security and privacy or PHI, except where Associate or its Subcontractor, employee or agent is a named adverse party. 12. No Third Part Beneficiaries. Nothing express or implied in this Contract is intended to confer, nor shall anything herein confer, upon any person other than CE, Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail over any provisions in the Contract that may conflict or appear inconsistent with any provision in this Addendum. Together, the Contract and this Addendum shall be interpreted as broadly as necessary to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. This Contract supersedes and replaces any previous separately executed HIPAA addendum between the parties. 14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, Associate's obligations under Section 4(d) ("Effect of Termination") and Section 12 ("No Third Party Beneficiaries") shall survive termination of this Contract and shall be enforceable by CE as provided herein in the event of such failure to perform or comply by the Associate. This Addendum shall remain in effect during the term of the Contract including any extensions. 15. Representatives and Notice. a. Representatives. For the purpose of the Contract, the individuals identified elsewhere in this Contract shall be the representatives of the respective parties. If no representatives are identified in the Contract, the individuals listed below are hereby designated as the parties' respective representatives for purposes of this Contract. Either party may from time to time designate in writing new or substitute representatives. b. Notices. All required notices shall be in writing and shall be hand delivered or given by certified or registered mail to the representatives at the addresses set forth below. State/Covered Entity Representative: Name: Eva Jewell Title: Division Head Department and Division: Weld County Department of Human Services Area Agency on Aging Address: 315 North 11th Avenue or PO Box 1805 Greeley, Colorado 80631 Contractor/Business Associate Representative: Name: Debora Wagner Title: Managing Attorney Department and Division: Colorado Legal Services Address: 912 8th Avenue Greeley, Colorado 80631 ATTACHMENT A This Attachment sets forth additional terms to the HIPAA Business Associate Addendum, which is part of the Contract dated July 1, 2015, between Weld County Department of Human Services Area Agency on Aging and Colorado Legal Services, ("Contract") and is effective as of July 1, 2015 (the "Attachment Effective Date"). This Attachment may be amended from time to time as provided in Section 10(b) of the Addendum. 1. Additional Permitted Uses. In addition to those purposes set forth in Section 2(a) of the Addendum, Associate may use Protected Information as follows: 2. Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b) of the Addendum, Associate may disclose Protected Information as follows: 3. Subcontractor(s). The parties acknowledge that the following subcontractors or agents of Associate shall receive Protected Information in the course of assisting Associate in the performance of its obligations under this Contract: 4. Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be deemed to occur as follows, and Associate's obligations under the Addendum shall commence with respect to such PHI upon such receipt: _ 5. Additional Restrictions on Use of Data. CE is a Business Associate of certain other Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the following restrictions on the use and disclosure of Protected Information: 6. Additional Terms. (This section may include specifications for disclosure format, method of transmission, use of an intermediary, use of digital signatures or PKI, authentication, additional security of privacy specifications, de -identification or re -identification of data and other additional terms.] IN WITNESS WHEREOF, the parties hereto have signed this Agreement this JWy ,2015 CONTRACTOR: Colorado Leal Services By: Na T'tle: Jonathan D. Asher Executive Director Date June 24, 2015 / 54- day of WELD C TY' ATTEST. Weld County Cler to the BY: BOARD OF COUNTY COMMISSIONERS WELD COUN . 'OLORADO D-puty Clerk to the B.�5r. ` "�k= /+rbara Kirkmeyer, Chair APPROVED AS O F NDING Controller APPROVED AS�TOO FORM: Director of General Services County Attorney JUL 0 1 2015 APPROVED AS TOSUB 11`NCE: 00i5-,916� Exhibit B OLDER AMERICANS ACT GRANT APPLICATION PACKET For the Period of July 1, 2015— June 30, 2016 With Conditional Option for Renewal through June 30, 2019 Weld County Area Agency on Aging 315 C North 11th Ave P.O. Box 1805 Greeley, Colorado 80632 970-349-6950, extension 6101 February 13, 2015 BI500061 TABLE OF CONTENTS COUNTY GENERAL BID INFORMATION BID SIGNATURE (REQUIRED) I. INTRODUCTION 1. Summary 2. Background 3. Funding Schedule II. APPLICATION REQUEST CATEGORIES ACCESS SERVICES 1. Individual Outreach 2. Case Management Services 3. Transportation Services IN -HOME SERVICES 1. Homemaker and Personal Care COMMUNITY SERVICES 1. Adult Day Care 2. Counseling 3. Senior Legal Services 3 29 13 15 17 19 21 NUTRITION SERVICES 24 1. Home Delivered Meals III. NARRATIVE DESCRIPTION OF PROJECT IV. ATTACHMENT 1. Attachment A fiscal Packet (Excel Spreadsheet is a separate document 25 28 V. ADDITIONAL REQUIRED INFORMATION 28 B1500061 2 DATE: February 13, 2015 BID NUMBER: B1500061 DESCRIPTION: Older Americans Act Grant Application DEPARTMENT: Department of Human Services Area Agency on Aging MANDATORY PRE -BID CONFERENCE DATE: February 19, 2015 BID OPENING DATE: March 13th, 2015 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: 1. Access Services • Outreach to Hispanic Seniors $60,000 • Case Management Services $30,000 • Transportation $70,000 2. in -Home Services • Homemaker and Personal Care $150,000 3. Community Services • Adult Day $50,000 • Counseling $80,000 • Senior Legal Services $70,000 4. Nutrition Services • Home Delivered Meals $130,000 A mandatory pre -bid conference will be held at 1:00 p.m., on February 19, 2015, at the Weld County Department of Human Services Area Agency on Aging. The County Building is located at 315 North 11th Ave Building C 3rd Floor North Conference Room in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids MI be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 0 Street Room #107 Greeley CO 80631 until: 200 p.m. cn Mardi 13, 2015 /Weld County Purchasing Time Clockl PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1.8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld B1500061 3 County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasinq/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Eva Jewell at (970) 346-6950, extension 6101, if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated 81500061 4 in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11- 110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the 81500061 5 subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5- 103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed 81500061 6 pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance mailers: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the B1500061 7 timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the 81500061 8 goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. 61500061 9 T. 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The BI500061 10 County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof It is agreed that the successful bidder 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 successful bidder 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 successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: 81500061 II $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. B1500061 12 I. INTRODUCTION A. SUMMARY The Weld County Area Agency on Aging (WCAAA) is requesting proposals from any organization, public or private non-profit and for-profit organizations interested in receiving a grant funded under the Older Americans Act to provide services described in this request. Note: Preference will be given to non -profits as is required under the Older Americans Act. The grant performance period is July 1, 2015 through June 30, 2016. If award recipients perform in a satisfactory manner the Area Agency on Aging may extend contracts on a yearly basis up to June 30, 2019. The deadline for receipt of proposals by the WCAAA is 2:00 p.m., March 13, 2015. Bid Delivery to Weld County- 3 Methods 1. Email- Email bids are preferred. Bids may be emailed to bids@weldqov.com Email bids must include the following statement on the email "I hereby waive my right to a seal bid" An email confirmation will be sent when we receive your bid/proposal. 2. Facsimile- Bids may be faxed to 970-336-7226 attention `Purchasing" The vendor must include the following statement on the facsimile "I hereby waive my right to a seal bid" 3. Mail or Hand Delivery- Mailed or hand delivered bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to Weld County Purchasing Department 1150 O Street, Room #107 Greeley, CO 80631. All questions about this application packet should be directed to Eva Jewell at (970)346-6950, extension 6101. B. BACKGROUND The Weld County Area Agency on Aging (WCAAA) is mandated by the Older Americans Act of 1965 (OAA), as amended, to serve as advocates for older persons and to be visible focal points for accessing the service delivery system within their designated planning and service areas. Our major responsibility is to foster the development of a comprehensive and coordinated service system to serve persons age 60 and older who are in need. The basic mission of Weld County Area Agency on Aging is to help older Americans to remain independent in their own homes and communities for as long as possible. The WCAAA and the WCAAA Advisory Board develops planning and funding priorities for services to adults 60 years of age and older based on the requirements under the Older Americans Act and the needs within the senior community. Partnerships with other entities are formed through a formal Purchase of Service Agreements process that will facilitate the delivery of services to person aged 60 and older in Weld County. It is the intent of WCAAA to obtain services from organizations that will not only provide quality services through our grant process but will also actively seek and obtain funds from other public and private sources to supplement the provisions of services. B 150006 1 13 C. FUNDING SCHEDULE 2/13/2015 RFP announcements and press releases mailed. 2/19/2015 Pre -Bid Conference will be held at the: Attendance is required Weld County Area Agency 315 North 11 Ave Greeley 3rd Floor North conference room 1:00 p.m. - 3:00 p.m. This meeting is being held to provide applicants the opportunity to ask questions regarding the request for proposal and budget process. Additional questions that occur after the 2/19/15 meeting will be accepted through 2/25/15 and all responses will be posted on the Weld County website, www.weldgov.com by 2/27/15. 3/13/2015 Proposals must be received by Weld County Purchasing by or before 2:00 p.m. on March 13, 2015 4/09/2015 Recommendations are presented to the Weld County Area Agency on Aging Advisory Board 4/13/2015 Present vendors to the Weld County Board of Commissioners 4/27/2015 Final approval by the Weld County Board of Commissioners 6/30/2015 Purchase of Services Agreements are approved and effective July 1, 2015 B!500061 14 II. CATEGORIES OF SERVICE IN WHICH APPLICATIONS ARE BEING REQUESTED A. Applications are being requested for the following services and anticipated funding levels. Funding levels are subject to change depending on available funding and program priorities: 1. Access Services • Outreach to Hispanic Seniors $60,000 • Case Management Services $30,000 • Transportation $70,000 2. In -Home Services • Homemaker and Personal Care $150,000 3. Community Services • Adult Day $50,000 • Counseling $80,000 • Senior Legal Services $70,000 4. Nutrition Services • Home Delivered Meals $130,000 A separate application must be submitted for each service in which funds are sought. Applicants must provide services to persons 60 years of age and older, targeting those individuals in greatest social and economic need with particular attention to low income minority elderly, Native Americans, persons with Alzheimer's disease and Related Disorders and rural elders. Services are to be provided through the Older Americans Act only in cases where other resources are not available. Applicants must comply with all pertinent and prevailing laws, regulations, and ordinances of federal, state, and local governments, including but not limited to: 1. The Older Americans Act of 1965, As Amended (Public Law 89-73). 2. Code of Federal Regulations, Title 45 Part 74, "Administration of Grants." 3. Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112, Nondiscrimination on the Basis of Handicap). Agencies which are not currently accessible to the handicapped must implement a plan to become accessible by January 1, 1994. 4. Titles VI and VII of the Civil Rights Act of 1964 (Public Law 88-352, relating to non-discrimination on the basis of race, color, religion, sex, age, handicap, or B1500061 15 national origin). 5. Colorado Department of Human Services, State Unit on Aging's Older Americans Act and Older Coloradan Program Rules (Volume X) and all corresponding Policies and Procedures. 6. In addition to the required insurance noted on page 10, Vendors and its applicable subcontractors shall obtain and maintain during the term of this Contract privacy liability insurance covering all loss of Protected Health Information data and claims based upon alleged violations of privacy rights through improper use or disclosure of Protected Health Information with minimum annual limits as follows. Contractors with 10 or less clients and/or revenues of $250,000 or less shall maintain limits on Privacy Liability Insurance of not less than $50,000. Contractors with 25 or less clients and/or revenues of $500,000 or less shall maintain limits on Privacy Liability Insurance of not less than $100,000. Contractors with more than 25 clients and/or revenues of more than $500,000 shall maintain limits on Privacy Liability Insurance of not less than $1,000,000. All Older Americans Act grantees are expected to offer information and referral service in their daily courses of business. A ten (10) percent local match is required of each funded program. Older Americans Act funds cannot be utilized to replace funds from other sources. In addition, Older Americans Act funds cannot be used to duplicate the services which may be funded through Medicaid, Medicare, Title XX, or other available federal, state, or local sources. WCAAA may choose not to fund any or all proposals. Targeting of Services: Preference and priority in the delivery of services shall be given to older adults with the greatest social or economic heed with particular attention to low-income minority older adults and individuals who are frail, homebound by reason of illness or incapacitating disability or otherwise isolated as defined below: a. Need caused by non -economic factors which include physical and mental disabilities, language barriers and cultural , social or geographical (rural) isolation including that caused by racial or ethnic status which restricts an older adult's ability to perform normal daily tasks or which threatens such older adult's capacity to live independently. b. Older adults with limited English proficiency c. No person applying for or receiving services under the Older Americans Act shall be discriminated against based on age, gender, religion, race ethnicity, sexual orientation, political belief or disability. B1500061 16 ACCESS SERVICES A. SERVICE DEFINITIONS Individual Outreach Individual intervention initiated by a provider to identify at risk older adults and to encourage use of appropriate needed services and benefits. This category of outreach includes a range of services designed to identify populations such as minorities, the frail, low-income adults and rural older adults who are unable to access necessary services because of lack of knowledge, physical and mental disabilities, language barriers, cultural differences, discrimination, geographic or social isolation. One contact equals one unit of service. Case Management Case management, as defined by the Older Americans Act, is assistance provided either in the form of access or care coordination in circumstances where the older person is experiencing diminished functioning capacities, personal conditions or other characteristics which require the provision of services by formal services providers or family caregivers. Activities of case management include such practices as assessing needs, developing care plans, authorizing and coordination services among providers and providing follow-up and reassessment as required. One hour equals one unit of service Transportation Transportation is defined as travel to or from community services and resources, health and medical care, shopping or other life sustaining activities. A one-way trip equals one unit of service. B. PROJECTS PROPOSED UNDER THIS FUNDING AREA ARE LIMITED TO: • Outreach Services for Hispanic Seniors • Case Management Services for At Risk Seniors • Transportation Services C. SERVICE REQUIREMENTS • Outreach Services for Hispanic Seniors Applicant is expected to identify older adults residing in Weld County, with heavy emphasis in South County (Platteville and south) who are in need of assistance with service identification and access. B1500061 17 A minimum of 75 percent of the unduplicated older adults projected to be served by the applicant must be newly identified older adults who have not been contacted by the agency in the past. All older adults who receive one on one outreach assistance must be documented in the Weld County Area Agency on Aging' data system known as SAMS as a registered client. All group outreach efforts must be documented in SAMS as educational outreach. Applicant must demonstrate capacity to communicate with clients in their principal language and demonstrate experience working with Hispanic older adults. Applicant will utilize techniques that empower and encourage independence of older adults and their support systems rather than fostering long-term dependence on the outreach agency. Applicant must coordinate with other community service agencies to ensure that clients have access to all needed services. • Case Management Services for At Risk Seniors Applicant is expected to identify and serve older adults residing in Weld County who are in need of assistance with service identification, access and support that can be provided through a case management service model. The Applicant must provide staff that have a background in human services and shall be responsible of arranging and monitoring a package of long-term care services for a client. Case management activities shall include at a minimum, the following: • Initial screening to determine that each client meets per -established criteria prior to the conduct of a comprehensive assessment • A comprehensive assessment identify each client's problems, resources and needs to determine eligibility • Appropriate care planning to specify the types and amounts of care that shall be provided to meet the identified needs of the client • Service arrangement to implement the plan of care through formal and informal services • Ongoing monitoring to assure services are appropriately delivered and to ensure the quality of those services • Formalized reassessment conducted as necessary to adjust care plans to the clients changing needs. Applicant must have written policies and/or procedures to monitor the development, implementation and management of case files Applicant must maintain comprehensive and complete case files All Applicants must operate in full compliance with all applicable federal, state, and local fire, health, safety, sanitation and other standards prescribed in law or regulations Applicant will utilize techniques that empower and encourage independence of older adults 81500061 18 and their support systems rather than fostering long-term dependence on the case management agency. Applicant must coordinate with other community service agencies to ensure that clients have access to all needed services. Applicant cannot charge clients for any services provided under this grant but the client must be informed and allowed to give a donation. • Transportation Services Applicant is expected to identify and provide rides to Weld County older adults in need of transportation assistance to critical appointments such as medical appointments, shopping, banking and other essential life sustain activities. This program must have the ability evaluate the transportation needs throughout Weld County and have the ability to expand services throughout Weld County, if resources allow. Applicant shall operate in full compliance with all applicable federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations Applicants shall keep such records and information as necessary to document the services provided to the client receiving services All transportation applicants rendering services to clients shall have all licenses, approvals, or certifications required by federal, state and local law or regulations All transportation applicants not requiring licensure by the Public Utilities Commission (PUC) shall ensure that their drivers, vehicle safety, as well as all applicable safety inspection and maintenance requirements and shall comply with the State's mandated minimum insurance coverage Applicant cannot charge clients for any services provided under this grant and the client must be informed that they are allowed to give a donation for services received. IN -HOME SERVICES A. SERVICE DEFINITIONS Homemaker Services Homemaking services consist of services such as: housecleaning, laundry, essential shopping, errands and meal preparation. Homemakers do not require supervision by medical personnel since the tasks performed are non -medical in nature. One hour equals one unit of service. B1500061 19 Personal Care Personal Care services consist of services such as: bathing, medication reminders, dressing, general personal grooming, feeding and toileting and must be provided by a certified personal care provider, under the direction of a medical professional. One hour equals one unit of service. B. PROJECTS PROPOSED UNDER THIS FUNDING AREA ARE LIMITED TO: • Homemaker and Personal Care Services C. SERVICE REQUIREMENTS Priority will be given to public or private non-profit certified home health care agencies (does not exclude for -profits and homemaker/personal care agencies) who have experience providing services to seniors utilizing a wide variety of third party sources including Medicare, Medicaid, United Way, Older Americans Act funds and other funding streams. Applicants must provide services to clients residing in Weld County and be able to provide services at least five days per week throughout the contract year. If the applicant is unable to provide coverage for all of Weld County the Request for Proposal must clearly outline the parts of the county they would be able to serve and why they are unable to serve the entire county. The inability to serve the entire county will have an impact on the grant allocation. Applicant must perform initial assessments of all new clients within one week of referral with a shorter response time for emergency referrals. Subsequent follow-up assessments must be conducted at least every six months. A written assessment instrument approved by WCAAA shall be used and retained in the client's chart and documented in SAMS, the WCAAA data system. Applicant must assure that older persons with the greatest economic or social needs, with particular attention to low-income minority individuals and individuals who are frail, rural, homebound or otherwise isolated, are given priority for services. Applicant must coordinate in -home services with other service providers in the area to be served, including but not limited to, public health services, adult protective services, home - delivered meal programs, case management agencies, nutrition programs, and other programs to insure that a wide range of services are available to meet the client's needs. Applicant must be certified by the Colorado Department of Health to provide nursing (RN/LPN nurses and certified nursing assistants), homemaker, and personal care services. Applicant must ensure ongoing training and supervision is provided to homemakers and personal care aides. (Minimum 8 hours annually for homemakers and 20 hours for personal care providers.) Applicant will assure that all sources of third party reimbursement will be used before Area Agency on Aging funding is expended. 81500061 20 COMMUNITY SERVICES A. SERVICE DEFINITIONS Adult Day Care Provision of personal care for dependent adults in a supervised, protective; congregate setting during some portion of a twenty-four hour day. Services offered in conjunction with adult day care/adult day health typically include social and recreational activities, training, counseling, meals for adult day care and services such as rehabilitation, medications assistance and home health aide services for adult day health. One hour equals one unit of service. Counseling To advise and/or enable the older person and/or his/her family to resolve problems or to relieve temporary stresses encountered by them. Must be done on a one-to-one basis and may be conducted by paid or volunteer staff. The Peer to Peer counseling model is the Weld WCAAA's preferred method of service delivery. One hour of counseling equals one unit of service. Senior Legal Services Legal advice, counseling and representation provided to an individual by an attorney or other person under the supervision of an attorney. One hour of consultation equals one unit of service. B. PROJECTS PROPOSED UNDER THIS FUNDING AREA ARE LIMITED TO: • Adult Day Care • Counseling (Peer to Peer preferred) • Senior Legal Services C. SERVICE REQUIREMENTS Adult Day Care a. Eligible service providers shall establish program eligibility criteria which include: 1) Participants require supervision in order to continue living in their own homes; 2) Participants require a substitute caregiver when their regular caregiver is unavailable; and 3) Participants have limited, or no ability to perform activities of daily living without assistance. a. Procedures for comprehensive client assessment shall be established by the eligible service provider. b. A service plan shall be developed for individuals served. The plan should contain: B1500061 21 1) Statement of client need; 2) Objectives for meeting identified needs; 3) Description of services to be utilized; 4) Treatment orders from a health professional, if necessary. c. Each program shall maintain client files which include: 1) Client's referral; 2) Comprehensive assessment and subsequent reassessments; 3) Service plan; 4) Progress notes; 5) Notation of all patient medication; 6) Notation of all services provided. d. The applicant is expected to identify older adults who exhibit the greatest economic and social need, are not receiving appropriate services through public and private agencies, and to facilitate their access to existing services. Counseling Eligible service providers shall assure that all individuals (paid staff or volunteer) providing counseling services are knowledgeable or trained to provide the specific type of counseling services required by the client. Applicants are expected to identify older adults who exhibit the greatest economic and social need, are not receiving appropriate services through public and private agencies, and to facilitate their access to existing services. Applicant must coordinate with other community service agencies providing services to older adults and be able to provide services throughout Weld County. Applicant must be able to provide services to clients throughout Weld County. Senior Legal Services The goal of the Senior Legal Services component is to provide legal information, advice, counseling, assistance, document preparation and administrative representation by an attorney, who is a member of the Colorado State Bar to ensure the rights and entitlement of older persons by providing or securing legal assistance ("Legal Services Provider"). The Weld County Area Agency on Aging Legal Assistance Program for Senior Citizens serves Weld County adults aged 60 years and above. The program is mandated by The Older Americans Act to assist those individuals who have the greatest economic and social need, particularly low-income minority individuals. This mandate also requires that no fees for services be assessed. However, donations are encouraged. The Legal Services Provider shall, with the approval of Weld County AAA, set priorities for the categories of cases for which it will provide legal representation in order to concentrate on older persons with the greatest economic need. The provider will give preference to those Senior Clients with no other options, provided needed legal services are within the service areas delineated herein. B1500061 22 SCOPE OF LEGAL SERVICES: To provide legal information, legal interpretation, advice, brief service, document preparation, counseling, negotiation and administrative representation to Senior Clients by the Legal Services Provider as follows: • PUBLIC ASSISTANCE BENEFITS: 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) and Supplement Nutrition Assistance Program (SNAP) . 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. Assistance will consist of advice and/or administrative representation for overpayments, reductions, termination or denial of Public Assistance Benefits. The Legal Services Provider will provide in person representation before an administrative tribunal to appeal the reduction, termination or denial of a Senior Client's long term care Medicaid. • CONSUMER MATTERS: Provide legal advice, negotiation and brief service regarding debt collections, breach of contract, garnishments, utility shut offs and other contract disputes. Services may consist of assisting Senior Clients in preparing for self -representation, including, but not limited to, Small Claims Court, objections to garnishments, interrogatories, etc. • HOUSING ISSUES: Provide legal advice, negotiation and brief service on matters related to landlord -tenant - renting and subsidized housing. • POWERS OF ATTORNEY AND LIVING WILLS: Provide assistance with document preparation of General Durable Power of Attorney, Medical Durable Power of Attorney and Living Wills. SCOPE OF OTHER SERVICES: • COMMUNITY EDUCATION: Provide community legal education presentations as requested from Weld County Senior Centers, Weld County Senior Housing, Long Term Care facilities, on topics of legal interest to Senior Clients such as preventative measures against consumer fraud, consumer debt issues, housing issues, advanced directives for healthcare, financial powers of attorney and related issues. B1500061 23 • COMMUNITY OUTREACH: Capacity to reach Senior Clients unable to travel 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, either by phone, e-mail, on-line resources, or in their homes to provide legal assistance and meet the needs of Senior Clients. Assistance will include the capacity to reach minority Senior Client by providing legal assistance in Spanish. • ADMINISTRATIVE DUTIES: The Legal Services Provider shall ensure service quality and maintain professional standards by providing the following: 1. Case management, including establishing a system of filing, record keeping, system for conflicts checks, docket control, and updating case activities; 2. Provide for the supervision of legal workers by an attorney; 3. Establish a system of review to evaluate the quality of legal work, determine what pertinent issues have been identified, to assure the timely handling of cases, and to ensure that clients are involved in establishing case objectives and are kept informed of developments in the case; 4. Track unduplicated clients on a quarterly basis including units of services, types of cases and demographics; 5. Document those Senior Clients the Legal Service Provider is unable to represent and the reason why they cannot be served; 6. Give appropriate resources and referrals; 7. Provide training for legal workers based on responsibilities and skills; and 8. Ensure the confidences of clients are preserved from unauthorized disclosure NUTRITION SERVICES A. SERVICE DEFINITION Home Delivered Meals Home Delivered Meals is the provision of one hot meal at a client's home. Each meal must meet a minimum of thirty-three and one-third (33 1/3) of the current daily recommended dietary allowances as established by the Food and Nutrition Board of the Institute of Medicine of the Nation Academy of Sciences. One meal equals one unit of service. B. PROJECTS PROPOSED UNDER THIS FUNDING AREA ARE LIMITED TO: Home Delivered Meals B1500061 24 C. SERVICE REQUIREMENTS Home Delivered Meals Applicants will demonstrate that they have the ability to provide home delivered meals efficiently and cost effectively. Applicants are expected to identify older adults who are 60 years of age and over and exhibit the greatest economic and social need and who are not receiving appropriate services through other public and private agencies. Eligible home -delivered meal service providers shall ensure that the client is homebound. A person shall be determined to be homebound if he/she is unable to leave home because of a disabling physical or emotional condition. Depending on the participant's condition, homebound status shall be re-evaluated on a regular basis, but not less frequently than once every six months. Applicant must coordinate with other community service agencies providing services to older adults to ensure that the home -bound client has access to other needed services not provided by the home -delivered meals program. Eligible home -delivered meal service providers shall ensure that procedures are in place to use the WCAAA standardized assessment form to assess nutritional needs and resources. Home -delivered meal providers can accept assessments from other service providers as part of the client referral process. The requirement for an assessment may be waived if the eligible nutrition program participant is temporarily incapacitated at home. Receipt of home -delivered meals for more than 30 days requires that the home delivered meals provider assess the participants status to determine if the individual is homebound. Applicant will arrange for the availability of meals to home -delivered meal participants during weather -related emergencies. PART III: NARRATIVE DESCRIPTION OF PROJECT (PLEASE ATTACH AS A SEPARATE DOCUMENT) A. Description of Agency and Related Experience Provide a brief description of your agency and the experience the agency has with programs and services for older adults. Include in your description a defense of your agency's administrative and financial capabilities to manage the program for which you are seeking Weld County Area Agency on Aging funds. Statement of Need Describe the need for the service/program for which funds are being requested. Support with data, needs assessments and anecdotal information. B1500061 25 Services to be Provided Identify and describe the services to be provided. Include an explanation of the system used to deliver services, including facilities or equipment you will be using. For example, if people will be coming to your office for services, describe your office facilities. B. Objectives and Action Steps List the major objectives and action steps for this specific project. Objectives and action steps listed should address: 1. Services to be provided 2. Targeting 3. Acquisition of Client Contributions 4. Coordination 5. Project Monitoring and Evaluation 6. Outcome measures Each objective should be numbered and followed by a number of action steps. Objectives are clear statements of measurable results that take place. An objective should include a strong action verb. Action steps are important tasks that must be completed within a specific time frame. Identify the date that each action step will be accomplished. C. Targeting The Older Americans Act requires that services be targeted to those most socially and economically in need. Describe your plan for targeting services to socially and economically disadvantaged older adults. Specifically, address older adults who are frail, homebound, minorities, and have low income. The plan for targeting must be concrete and measurable, similar to the format for the objectives and action steps. Greatest Economic Need: The need resulting from an income level at or below the poverty levels established by the federal Office of Management and Budget. Greatest Social Need: The need is caused by factors other than economic. This includes physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status that restrict an individual's ability to perform normal daily tasks or that threaten his or her capacity to live independently. Racial or ethnic status as defined by the federal government includes Black, Hispanic, American Indian, and Asian Americans. D. Client Contributions The Older Americans Act prohibits the charging of fees and the use of means testing. However, the Older Americans Act requires that each older adult receiving services be provided with the opportunity to contribute toward the cost of the service. In addition, no older adults can be BI500061 26 refused service if they are not able to, or choose not to make a contribution. Describe how client contributions will be solicited for this project. Include issues such as: client confidentiality, the development of a suggested contribution fee schedule and the cash management procedure for handling program income. E. Coordination Describe and list the agencies you will work with in order for your program to be the most effective and well known in the community. F. Project Monitoring, Evaluation and Outcomes • Describe how progress on project objectives will be monitored. • Who will be responsible for completing the monthly financial report and quarterly statistical report? How will these reports be used to assist in monitoring project progress? • Describe the system that will be used to elicit feedback from service recipients about services provided. When will this occur? • How will you measure the outcomes of your program? Who will monitor and report on outcome measurements? Describe the agency's grievance procedure for service recipients and how recipients will be informed of the availability of this process. Attach the agency's grievance procedure to this application. Each nonprofit grantee of Older Americans Act funds is required to assemble an advisory board or committee to provide input about the project. The committee must meet at least quarterly and have representation of older adults. Please describe the membership, size, number of persons age 60 and older, ethnic composition, and functions of the proposed advisory board or committee. G. Future Goals and Plans Identify for the Area Agency on Aging what you believe to be the future for your program. This could be in terms of physical location, changes in needs of clients and what programs would need to be implemented to meet those needs, demographic changes that could impact the need for your project, changes within your parent organization, competition from other sectors, application of technology that could change the way your program works, and any other changes that could impact your program. B1500061 27 PART IV: ATTACHMENT Attachment A- Fiscal Packet (Separate Excel spreadsheet) PART V: ADDITIONAL INFORMATION REQUIRED 1. The agency's grievance procedure for service recipients. 2. The agency's most recent audit. 3. The agency's 2015 total budget or projected budget for 2016. 4. A list of the agency's Board of Directors and/or Advisory Board Members. 5. In -Home Services Only a. Training plan for homemakers, personal care providers and home health aides workers. b. Documentation of certification by the Colorado Department of Health. 6. Verification of all required insurance coverage Before submitting the bid please make sure that you have included all of requested information (Narrative section, Budget section, Part V section and the signature page). Remember the bid cannot be accepted after the deadline. BI500061 28 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1500061. 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 bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid 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 bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -12 BI500061 29 Exhibit C 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 ninety years of collective knowledge and experience and employs approximately 47 attorneys and 33 paralegals staffed in fourteen local offices. The Greeley office of CLS has been a constant presence in Weld County for forty-five years and is staffed by three highly trained civil attorneys and an experienced paralegal. CLS already provides legal services under the Older Americans Act in 8 of the 16 Regions. Statement of Need According to the United States Census Bureau, 10.9% of Weld County's population was age 65 and older in 2013 (the most recent year for which data is available). In addition, 14.7% of individuals in Weld County lived below the poverty line during 2009-2013 (the most recent years for which data is available). Both of these percentages are higher than statewide averages. Older adults frequently have a number of legal issues, including problems obtaining or maintaining public benefits, such as Medicaid, Social Security, and Old Age Pension; difficulty finding and maintaining affordable and accessible housing; dealing with overreaching creditors; and needing help with estate planning documents, including medical and financial powers of attorney and advanced health care directives. 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), and Supplement Nutrition Assistance Program (SNAP) . 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. Assistance will consist of advice and/or administrative representation for overpayments, reductions, termination or denial of public assistance benefits. CLS will provide in person representation before an administrative tribunal to appeal the reduction, termination or denial of long term care Medicaid. 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 consist of assisting in preparing for self -representation, including, but not limited to, Small Claims Court, objections to garnishments, and the completion of interrogatories. HOUSING ISSUES CLS will provide legal advice, negotiation and brief service on matters related to landlord -tenant disputes, obtaining and maintaining subsidized housing, and foreclosure options. POWERS OF ATTORNEY AND LIVING WILLS CLS will provide legal advice regarding estate planning options and assistance with document preparation of General 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. 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 discuss topics of legal interest to older adults, such as preventative measures against 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 interpretation service). If applicants cannot receive services from CLS for any reason, then they will be given appropriate resource and referral information to find the legal help 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 700 hoursof 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. Provided 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. Within the first two months of the grant, create a brochure in English and Spanish that describes the services provided and how to access services. b. Distribute brochures to existing and new partner agencies within the first three months of the grant. c. Within the first four months of the grant, conduct outreach with existing partner organizations and new partner organizations to inform them about the services provided and how to refer older adults to CLS for assistance. d. Within the first six months of the grant, conduct three community legal education presentations on topics of interest to older adults. e. Conduct additional community legal education as requested by partner agencies. 3. Objective: Collect at least $100 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 in 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. 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 provide outreach and community legal education to reach more low-income, minority, and vulnerable older adults. Within the first six months, CLS would provide at least 3 community legal education events and provide outreach materials to senior services providers in Weld County. The Greeley office has 4 bilingual staff members who work with clients in English and Spanish. For applicants for services and clients who speak other languages, we regularly work with interpreters through Lutheran Family Services, Ethnic Bridge, and the Courts. We also have 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 create a brochure 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, our 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. 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 County in which the donation was made. E. Coordination CLS will collaborate with the existing base of Weld County nonprofit and government agencies, including 1. Victims' advocates from the Greeley Police Department and Weld County Sheriffs office, and victims' advocates with 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. In addition, we will collaborate with new partners, including: 1. Meals on Wheels. 2. Eldergarden Adult Day Care. 3. Senior Resource Services. 4. Rehabilitation and Visiting Nursing Association. 5. RSVP. 6. Weld County Senior Centers. 7. Weld County Senior Housing Communities. 8. Long Term Care Facilities. 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 conflicts, track all case activity, measure outcomes, and record time spent on 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 CLS also plans to apply for the Title III Legal Services Grant in Larimer County. CLS would like to be able to hire a Staff Attorney who could provide services under both grants and travel between Larimer and Weld Counties. The Staff Attorney could specialize in issues affecting older adults, and serve as a resource to other CLS attorneys in both the Greeley and Fort Collins offices. Applicant Agency's Program Title for Services to be Provided: Senior Legal Services X I First Time Applicant } '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.) Access Services In -Home Services X Community Services Nutrition Services Amount of Program Funding Requested: (Enter the amount from line h of the Program - Expenditures tab.) $ 70,000 Applicant Agency's Information Agency Name: Agency Director's Name: Phone Number: Program Director's Name: Title: Phone Number: Agency Type: Public Agency Non -Profit Agency X Mailing Address: Physical Address: (if different from Mailing Address) Colorado Legal Services Jonathan D. Asher (303) 866-9399 Debora Wagner Managing Attorney (970) 493-2891 x267 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). arty 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 `ending 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: Tina Smith Sign ure Title: Chair, Board of Directors Da te Applicant Agency: Colorado Legal Services Program: Senior Legal Services Description Program Expense (Round to Whole Number) Personnel (Salary & Wages) ( List each position directly working on this program separately, specifying annual salary and percentage of time expended on this program.) Paralegal 0.2 FTE 10,573 Managing Attorney 0.15 FTE 13,680 Staff Attorney 0.5 1 FTE 32,221 Personnel (a). TOTAL Expenditures = . Fringe Benefits ( List each position directly working on this program separately, specifying annual fringe benefit and percentage of time expended on this program.) Paralegal 0.2 FTE 1,057 Managing Attorney 0.15 FTE 1,368 Staff Attorney 0.5 FTE 3,222 (b). TOTAL Fringe Benefit Expenditures. Travel - Mileage (Itemize mileage expense reimbursed to staff and volunteers for mileage incurred while directly working on this program, including the number of miles and the reimbursement rate. For other types of program travel costs, specify the nature of the expense and the need.) Mileage 500 miles x.46 230 (c). TOTAL Travel Expenditures r-‘, _ _ Supplies (Itemize supply costs used for direct operations of this program.) Brochures I 1,285 Page 1 of 2 (d). TOTAL Supply Expenditures Other (Itemize all other program costs directly used in the operations of this program and not already included any other above category.) (e). TOTAL Other Expenditures (1). 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 tines f and g) (Equals the amount of Older Americans Act Funding requested.) Page 2 of 2 Applicant Agency: Colorado Legal Services Program: Senior Legal Services Area Agency on Aging Funding Requested (Amount from Line h of Proposed Program Budget Expenditures) 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 w Local Cash Match (Enter Amount from Local Cash Match tab) In -Kind Match (Enter Amount from in -Kind Match tab) (b). Total Match Contributed Match Requirement Met (Line b minus line a - Cannot be a Negative Number) : - _re° m -_ - Wiz.== - Program Income (Enter any income generated by the applicant agency that is from activities, for which part or all of the cost of which is borne by the program. Include voluntary client contributions received directly from clients, for services or goods provided by the program. NOTE: Charging a fee for clients to receive program services or goods is prohibited. In addition, all program income is to be expended for program costs.) Description Amount Individual Contributions 500 Title III Contributions 100 TOTAL Program Income — - r _______ _ Applicant Agency: Colorado Legal Services Program: Senior Legal Services Local Cash Match (Local Cash Match ore sources of cash to be received from non -Federal and non -State sources passing to the control of the applicant agency, or those of the applicant agency, which are to be used for the payment of allowable program expenditures.) Amount of Cash Match to be Contributed O in O r i. Commitment Agreement in Place to Provide Contribution y/N >- TOTAL Cash Match (Transfer Amount to Proposed Program Budget - Sources of Funding Worksheet) Existing Relationship with Contributor In Place 'UN >- Source of Funds (Name of contributor or if applicant agency, list applicant agency name) [19th JD VALE Board Grant 3 Applicant Agency: Colorado Legal Services Program: Senior Legal Services In -Kind Match (In -Kind Match are services, goods, and property to be donated by the applicant agency or a third party, which are allowable costs of the program for which no cash reimbursement is required.) Commitment Agreement in Place to Value of In -Kind Provide Contribution Goods or Services y/N Contributed o o a o 0 N .ti E'" >- >- >- TOTAL In -Kind Match (Transfer Amount to Proposed Program Budget - Sources of Funding Worksheet) Description of Goods or Services to be Contributed overhead expenses overhead expenses overhead expenses - Source of Funds (Name of contributor or if applicant agency, list applicant agency name) Legal Services Corporation Colorado Lawyers Trust Account Found. Aid Foundation Applicant Agency: Colorado Legal Services Program: Senior Legal Services N a.. C CU a O C C D v V G1 U, V U d O 0- r O U, 0 List the name of the services or services per program service descriptions.• In most instances one hour equals one unit of services. Refer to each service category description for unit of service value. 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. 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 (0)1-5 = (C). (1). Rural List the number of adults age 60 and older who will be rural. Definition of Rural: Persons who reside in an area that 1) is not urbanized, and 2) has less than 2,500 inhabitants. An urbanized area has a population a O (4). Frail 40 Y ro _V •a s- ro m I- (3). Minority 40 0. a .c _ d u " (2). Low Income Co u J C laj v 0 q� TOTAL Unduplicated Clients O 0 N s�S b8 3 U Units of Service 700 hours Services to be Provided Legal Services ( A ). Services to be Provided ( B ). Units of Service ( C ). Total Unduplicated Clients ( D ). Unduplicated Clients by Primary Target Category I Q w concentration of at least 50,000 inhabitants, generally consisting of a central city and the surrounding closely -settled contiguous territory (suburbs). 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. List the number of adults 60 and older to be served by ethnic/racial group. Asian/Pacific Islander: A person having origins in any of the original peoples of the Far East, Southeast Asia, the India subcontinent or the Pacific Islands including China, India, Japan, Korea, the Philippine Islands and Samoa. Black (Not of Hispanic Origin): A person having origins in any black racial group of Africa. 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. List the number of older adults who will be frail/disabled. Definition of Frail: Persons having 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. (2). Low Income (3). Minority it L LL Gi WHAT TO DO IF YOU ARE DISSATISFIED WITH THE SERVICES PROVIDED BY COLORADO LEGAL SERVICES Colorado Legal Services (CLS) is dedicated to providing quality legal services to persons eligible for its services. If you have a question regarding eligibility for services, the quality of legal services provided by a staff attorney or paralegal, or if you believe CLS has violated the Legal Services Corporation Act or any Regulation, Instruction or Guideline of the Legal Services Corporation, you may make a complaint as follows: 1. If you are a client you should first talk with your attorney or paralegal concerning your questions about eligibility or the quality of services being provided. Usually such questions can be answered if they are brought to the attention of your attorney or paralegal. 2. You may file a complaint either orally or in writing. If a complaint is made orally, a written summary of the complaint shall be prepared by the person receiving it. 3. If you requested services from or were provided services by the Denver office of CLS, and you are 60 or older and your complaint is not resolved to your satisfaction by the procedures below, you may contact: DENVER REGIONAL COUNCIL OF GOVERNMENTS 1290 Broadway, Suite 700 Denver, CO 80203 (303)455-1000 4. If the Denver Regional Council of Governments does not resolve your complaint to your satisfaction, you may complain to: Director of Aging and Adult Services 1575 Sherman Street, 1011 Floor Denver, CO 80203 Complaints Concerning Manner or Quality of Services Provided All complaints concerning the manner or quality of services provided shall be filed with the Managing or Supervising Attorney of the CLS office or unit that provided the services. The Managing or Supervising Attorney of the appropriate CLS office or unit shall review and resolve the complaint promptly. If the complaint is not resolved to the satisfaction of the complainant, the complainant should forward the complaint to the Executive Director of CLS at 1905 Sherman Street, Suite 400, Denver, CO 80203. The Executive Director, or his designee, will review and investigate the complaint and respond to the complainant promptly. If the complaint is not resolved to the satisfaction of the complainant by the Executive Director, then the complainant may have the complaint heard by the Grievance Committee of the Board of Directors of CLS. The complainant may be accompanied by another person to the Grievance Committee meeting and may present both an oral and a written statement to the Grievance Committee. Upon the complainant's request, a brief written statement, dictated by the complainant, shall be transcribed by the Grievance Committee for inclusion in the CLS complaint file. Any decision by the Grievance Committee shall be binding with no further right to appeal. Consideration by the Grievance Committee of a complaint may require the disclosure to such committee of confidential information of the complainant provided to CLS attorneys and staff. If the subject of any complaint concerning the manner or quality of service is the Managing or Supervising Attorney of the CLS office or unit with whom the complaint would otherwise be filed as provided above, then the complaint shall be filed initially with the Executive Director of CLS, who shall review and resolve the complaint, with the right to appeal such resolution to the Grievance Committee of the Board of Directors of CLS as set forth above. If the subject of any complaint concerning the manner or quality of service is the Executive Director of CLS, then the complaint shall be filed initially with the Grievance Committee of the Board of Directors of CLS. The Grievance Committee shall then hear the complaint as provided above. Complaints Concerning Denial of Assistance All complaints concerning a denial of assistance due to financial ineligibility, or because the services requested are prohibited by LSC Act or regulation, or because the services requested are not within the priorities established by CLS, shall be filed with the Managing or Supervising Attorney of the CLS office or unit that denied assistance to the applicant. If the complaint is not resolved to the applicant's satisfaction, the applicant may forward the complaint to the Executive Director of CLS at 1905 Sherman Street, Suite 400, Denver, CO 80203. The Executive Director, or his designee, will review and investigate the complaint and respond to the complainant promptly. If the complaint is not resolved to the satisfaction of the complainant by the Executive Director, then the complainant may have the complaint heard by the Chair of the Grievance Committee of the Board of Directors of CLS. The complainant may be accompanied by another person to any such meeting and may present both an oral and a written statement at the meeting. Upon the complainant's request, a brief written statement, dictated by the complainant, shall be transcribed by the Chair of the Grievance Committee, or his designee, for inclusion in the CLS complaint file. Any decision by the Chair of the Grievance Committee shall be binding with no further right to appeal. 2 QUE HACER SI USTED ESTA INSATISFECHO CON LOS SERVICIOS PROPORCIONADOS POR LA OFICINA DE SERVICIOS LEGALES DE COLORADO La oficina de Servicios Legates de Colorado (CLS) se dedica a proporcionar servicios legates de calidad alas personas que califican para recibirlos. Si usted tiene alguna pregunta con respecto a su elegibilidad pars recibir estos servicios, la calidad de los servicios legates proporcionados por un abogado o ayudante legal ("paralegal"), o si cree que CLS ha violado el Acta de la Corporation de Servicios Legates o cualquier Regulation, Instruccion o Pauta de la Corporation de Servicios Legates, usted puede presentar una queja de la siguiente manera: I. Si usted es un cliente, primero debe hablar con su abogado o ayudante legal ("paralegal") con respecto a sus preguntas sobre su elegibilidad o la calidad de los servicios proporcionados. Usualmente sus preguntas pueden ser contestadas por su abogado o ayudante legal. 2. Usted puede presentar una queja de manera oral o escrita. Si la presenta oralmente, la persona que la recibe prepara por escrito un resumen de la queja. 3. Si pidi6 a recibio servicios de parte de la oficina de CLS en Denver, es mayor de 60 altos de edad y su queja no ha sido resuelta a su satisfaccion por media del siguiente procedimiento, puede comunicarse con: DENVER REGIONAL COUNCIL OF GOVERNMENTS 1290 Broadway, Suite 700 Denver CO 80246 (303) 455-1000 4. Si el Denver Regional Council of Governments no resuelva su queja a su satisfaccion, puede quejarse a: Director of Aging and Adult Services 1575 Sherman Street, 101h Floor Denver, CO 80203 Quejas Sob re la Manera o la Catidad de Servicios Proporcionados Todas las quejas sobre la manera o calidad de los servicios proporcionados seran presentadas con el Abogado Gerente o el Abogado Supervisor de la oficina o unidad de CLS que le proportion los servicios. El Abogado revisara y resolvers su queja to mss pronto posible. Si Ia queja no es resuelta a la satisfaccion del demandante, el/ella debera presentar al Director Ejecutivo de CLS en la 1905 Sherman Street, Suite 400, Denver, CO 80203. El Director Ejecutivo, o su designado, revisara e investigara la queja y le contestara al demandante de forma inmediata. Si el Director Ejecutivo no resuelve la queja a la satisfaccion del demandante, el/ella puede presentarla ante el Comite de Agravios de la Junta Directiva de CLS. El demandante puede ser acompaiiado por otra persona a la reunion del Comite de Agravios y puede presentar al Comite de Agravios una declaration tanto oral Como escrita. El demandante puede solicitar que una breve declaration escrita, dictada por el mismo, sea transcrita por el Comite de Agravios pars ser incluida en el expediente de CLS de la queja. Cualquier decision del Comitd de Agravios sera obligatoria sin was derecho de apelaci6n. La consideration de una queja por el Comite de Agravios podria requerir que se divulgue a los abogados y al personal de CLS information confidential acerca del demandante. Si Ia queja sabre la manera o calidad de servicios es acerca del Abogado Gerente o del Abogado Supervisor de la oficina o unidad de CLS a quien se le deberia presentar la queja segtin se ha indicado aniba, entonces la queja sera presentada inicialmente al Director Ejecutivo de CLS, quien la revisara y resolved, con el derecho de apelar la resolution de la queja al Comitd de Agravios de la Junta Directive de CLS en la manera indicada arriba. Si la queja sobre la manera a calidad de servicios es acerca del Director Ejecutivo de CLS, entonces la queja sera presentada inicialmente ante el Comite de Agravios de la Junta Directiva de CLS. El Comite de Agravios dare audiencia a la queja en la manera indicada arriba. Quejas Sobre la Negation de Servicios Todas las quejas sobre la negation de servicios ya sea porno calificar economicamente, porque los servicios solicitados son prohibidos por alguna regulation o pot el Acta de CLS, o porque no estan dentro de las prioridades establecidas por CLS, scan presentadas al Abogado Gerente o al Abogado Supervisor de la oficina o unidad de CLS que nee los servicios al solicitante. Si la queja no se resuelve a la satisfaction del solicitante, el/ella puede presentarla al Director Ejecutivo de CLS al 1905 Sherman Street, Suite 400, Denver, CO 80203. El Director Ejecutivo, o su designado, revisara investigara la queja y responders al demandante lo mss pronto posible. Si el Director Ejecutivo no resuelve la queja a is satisfaction del demandante, este puede presentarla ante el Presidente del Comite de Agravios de la Junta Directiva de CLS. El demandante puede ser acompafiado por otra persona a ctialquier reunion y puede presentar una declaration tante oral como escrita en la reunion. El demandante puede solicitar que una breve declaration escrita, dictada por el mismo, sea transcrita por el Presidente del Comite de Agravios, o por su designado, para ser incluida en el expediente de CLS de la queja. Cualquier decision del Presidente del Comite de Agravios es obligatoria sin mils derecho de apelacion. Rev. Marzo, 2008 COLORADO LEGAL SERVICES, INC REPORT OF EXAMINATION Year Ended December 31, 2013 Green & Associates LLC Certified Public Accountants & Business Consultants April 16, 2014 Board of Directors Colorado Legal Services, Inc. We have audited the financial statements of Colorado Legal Services, Inc. for the year ended December 31, 2013 and have issued our report thereon dated April 16, 2014. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under Generally Accepted Auditing Standards As stated in our engagement letter, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatements and are fairly presented in accordance with generally accepted accounting principles. Because an audit is designed to provide reasonable, but not absolute, assurance and because we did not perform a detailed examination of all transactions, there is a risk that material misstatements, illegal acts, or noncompliance may exist and not be detected by us including fraud and defalcations. 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. As part of our audit, we considered the internal control structure of the Organization as a basis for designing our auditing procedures not for the purpose of providing any assurance concerning the effectiveness of the internal controls. Our consideration of internal control was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal controls. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the Organization that could potentially cause future financial statements to be materially misstated even though we have concluded that such adjustments are not material to the current financial statements. We noted no items that are considered to be significant accounting adjustments. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by Colorado Legal Services, Inc. are outlined in Note 1 to the financial statements. 2700 East Bridge St., Ste A Brighton, CO 80601 Green & Associates LLC PRONE (720) 339-6458 sww,,GreenCP nn.com Certified Public Accountants & Business Consultants Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based upon management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. We evaluated the key factors and assumptions used to develop the significant estimates in determining that they are reasonable in relation to the financial statements taken as a whole. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Organization's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Difficulties Encountered When Performing the Audit We encountered no difficulties in dealings with the Organization's management in performing and completing our audit. Independence We are also required to disclose to you in writing, at least annually, all relationships between our firm and Colorado Legal Services, Inc. that in our professional judgment may reasonably be thought to bear on independence. We are not aware of any such relationships and therefore confirm to you that we are independent with respect to Colorado Legal Services, Inc. We would like to express our appreciation for the cooperation that we received from the staff with whom we worked. This information is intended solely for the use of the Board of Directors and management of Colorado Legal Services, Inc. and should not be used for any other purpose. Sincerely, J< ` -[.ye -040 Green & Associates LLC TABLE OF CONTENTS Independent Auditor's Report Statement of Financial Position Statement of Activities Statement of Cash Flows Notes to the Financial Statements Supplemental Information: Schedule of Functional Expense 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 A-133 Reports: Report on Compliance for Each Major Federal Program: Report on Internal Control Over Compliance; 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 1 3 4 5 6 12 13 14-15 16 17 18 19-20 21-22 Summary of Findings and Questioned Costs 23 Green & Associates LLC Certified Public Accountants & Business Consultants INDEPENDENT AUDITOR'S REPORT To the Board of Directors Colorado Legal Services, Inc. Report on the Financial Statements We have audited the accompanying financial statements of Colorado Legal Services, Inc. (a non-profit corporation), which comprise the statement of financial position as of December 31, 2013, and the related statements of activities, and cash flows for the year then ended, and the related notes to the financial statements. The prior year summarized comparative information has been derived from Colorado Legal Services 2012 financial statements and, in our report dated April 12, 2013; we expressed an unmodified opinion on those financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes 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. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. 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. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements 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 the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 2700 East Bridge St., Ste A Brighton, CO 80601 Cree n&Associates • LLC PHONE (720) 839-6458 www.GreenCPAfinn.com Certified Public Accountants & Business Consultants Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Colorado Legal Services, Inc. as of December 31, 2013, 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. Other Matters Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The schedule of expenditures of federal awards as required by Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and the other information required by Legal Services Corporation is presented for purposes of additional analysis and is 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 information is fairly stated, in all material respects, in relation to the financial statements as a whole. 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, 2013. 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 16, 2014 on our consideration of Colorado Legal Services, Inc.'s 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 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 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, Inc.'s internal control over financial reporting and compliance. April 16, 2014 Brighton, Colorado COLORADO LEGAL SERVICES STATEMENT OF FINANCIAL POSITION December 31, 2013 (With Comparative Totals for the Year December 31, 2012) 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 Victims of Human Trafficking Legal Services Corporation Miscellaneous Security Deposits Prepaid Expenses Total Current Assets Property And Equipment Furniture and Equipment - Net of accumulated depreciation of $254,953 in 2013 and $251,638 in 2012 Law Library Total Property and Equipment - Net Total Assets LIABILITIES AND NET ASSETS LIABILITIES: Accounts Payable Unemployment Compensation Client Deposits Employee Vacations Total Liabilities NET ASSETS: Temporarily Restricted LSC LSC Property Non-LSC Unrestricted Total Net Assets Total Liabilities and Net Assets 2013 2012 $ 511,347 $ 367,088 3,343,000 3,600,000 3,603 5,683 34,167 27,098 448 5,278 77,564 46,556 106,347 96,018 6,504 - 8,125 13,472 9,745 9,745 31,251 37,827 4,132,101 4,208,765 192,947 194,240 11,669 11,669 204,616 205,909 $ 4,336,717 $ 4,414,674 $ 84,814 $ 104,710 25,000 25,000 3,603 5,683 107,447 107,165 220,864 242,558 95,392 15,697 33,709 43,336 1,163,968 1,268,203 2,822,784 2,844,880 4,115,853 4,172,116 $ 4,336,717 $ 4,414,674 The accompanying notes are an integral part of these financial statements. 3 COLORADO LEGAL SERVICES STATEMENT OF ACTIVITIES For the Year Ended December 31, 2013 (With Summarized Totals for the Year Ended December 31, 2012) Temporarily Restricted Total Unrestricted LSC Non LSC 2013 2012 REVENUE, SUPPORT AND OTHER INCOME Grants and Contracts General Contributions Investment Income In -kind Contributions Other Income Gain/Loss on Disposal of Assets Attorney Fees Received Net Assets Released from Restrictions Total Revenue, Support, Other Income and Reclassifications EXPENSES Program Services - Legal Services Management and General Fundraising Total Expenses Funds returned to LSC Change in Net Assets Net Assets - Beginning of Year $ - $3,693,535 $4,731,623 $8,425,158 $8,793,669 1,327,209 - - 1,327,209 1,358,814 1,605 207 - 1,812 1,951 3,032,235 - - 3,032,235 2,647,801 4,685 4,685 9,985 (466) (466) - 38,541 45,244 83,785 8,504,776 (3,668,918) (4,835,858) - 12,908,585 70,068 (104,235) 12,874,418 12,812,220 11,508,308 1,293,068 129,305 11,508,308 10,739,105 - 1,293,068 1,768,794 129,305 126,342 12,930,681 - 12,930,681 12,634,241 (22,096) 70,068 (104,235) (56,263) 177,979 2,844,880 59,033 1,268,203 4,172,116 3,994,137 Net Assets- End of Year $ 2,822,784 $ 129,101 $1,163,968 $4,115,853 $4,172,116 The accompanying notes are an integral part of these financial statements. 4 COLORADO LEGAL SERVICES STATEMENT OF CASH FLOWS For the Years Ended December 31, 2013 (With Comparative Totals for the Year Ended December 31, 2012) 2013 2012 CASH FLOWS FROM OPERATING ACTIVITIES: Changes in Net Assets Adjustments to reconcile change in net assets to net cash used by operating activities: Depreciation Loss on Disposal of Capital Assets (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 Capital Acquisitions Net Cash F.ows From Investing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents - Beginning of Year Cash and Equivalents - End of Year SUPPLEMENTAL DISCLOSURE In -Kind Contributions - Revenue In -Kind Contributions - Expense $ (56,263) $ 177,979 37,296 20,346 466 (44,733) 5,002 6,576 9,466 (4,745) (19,896) 31,551 (178,873) 282 (3,727) (20,009) (120,980) (76,272) 56,999 257,000 200,000 (36,469) (68,014) 220,531 131,986 144,259 188,985 367,088 178,103 $ 511,347 $ 367,088 $ 3,032,235 $ 2,647,801 $ (3,032,235) $ (2,647,801) The accompayning notes are an integral part of these financial statements 5 COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 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 the organization. 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. 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 the Organization 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. The organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. 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 the Organization's financial statements for the year ended December 31, 2012, from which the summarized information was derived. Grant and Contract Support In accordance with FASB ASC 98 (formerly SFAS No. 117), any restricted grant funds remaining at the end of an accounting period are reflected as temporarily restricted net assets. 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. 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, pursuant to resolution of its Board of Directors, to prohibit deficit net assets and, should a deficit exist, it would be reflected as unrestricted. In theory and in practice, CLS generally but not always spends all of the money it receives from LSC and other grant sources. Unrestricted net assets represent unrestricted monies such as contributions and interest income that exceed program expenditures. Such revenues do not include LSC derivative income which is temporarily restricted. 6 COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTLNUED) DECEMBER 31, 2013 NOTE I SUMMARY OFSIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Grant Contract and Support (Continued) Unrestricted net assets are used for general purposes that are in compliance with the Legal Services Corporation Act, and Congressional Appropriation or Grant Condition. This is in accordance with Policy No. 2000-1, approved by the CLS Board of Directors on April 28, 2000 and as revised and approved October 7, 2009. The primary grants and contracts received by the organization are: LEGAL SERVICES CORPORATION - Temporarily restricted funds are 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 temporarily restricted and are reflected as such in net assets. OLDER AMERICANS ACT, TITLE LIB - The program has contracted with the Denver Regional Council of Governments, Boulder, Pueblo and Pikes Peak Aging Services, the South -Central Colorado Seniors, Inc., and other Area Agencies on Aging, 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 three 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. COLORADO LAWYERS TRUST ACCOUNT FOUNDATION - Interest on Lawyers Trust Accounts (IOLTA) finding helps support staffed offices and programs operations throughout the state. THE LEGAL AID FOUNDATION OF COLORADO - 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. CLS received $1,250,000 from the Legal Aid Foundation of Colorado during the year 2013. 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 temporarily restricted. 7 COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2013 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Property and Equipment (Continued) CLS capitalizes expenditures for property and equipment based on the type of equipment being purchased regardless of value and with 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. The organization 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. Attorney Pro Bono services (MW) Northwest Cob. Legal Services Project Boulder County Colorado Springs/Pueblo Denver/Greeley/Durango Internal program volunteers (non -attorneys) Donated property Donated space TOTAL $ 364,688 243,256 1,078,055 647,435 332,180 354,471 1,290 10,860 3,032,235 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 the time of receipt. Allocation of Program Expenses It is the practice of CLS to identify and charge Legal Services Corporation (LSC) restricted expenditures to other grants, where such expenditures are allowable. In some cases, common expenses are incurred which support the work performed under more than one grant or contract. Such expenses are allocated as agreed to by these funding sources. LSC funds are used partially to support private attorney involvement (P.A.I.) in Denver, Boulder, the Northwest Colorado Legal Services Project (NWCLSP), Colorado Springs, Durango, Pueblo, La Junta and in Southeastern Colorado (see Schedule VI for complete detail of P.A.I. expenses). 8 COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2013 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Cash and Investments The organization 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. Investment income or loss (including gains and losses on investments, interest and dividends) is included in the Statement of Activities as an increase or decrease in unrestricted net assets, unless it is restricted by the donor or by law. For purposes of the statement of cash flows, the organization considers petty cash, deposits in bank accounts and certificates of deposit which mature within 90 days of purchase to be cash equivalents. Grants Receivable The organization receives funding from certain sources based on a reimbursement of expenses. When the organization 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 unrestricted, temporarily restricted, or permanently restricted support, depending on the existence and/or nature of any donor restrictions. All donor -restricted support is reported as an increase in temporarily restricted or permanently (endowments) restricted net assets, depending on the nature of the restriction. When a restriction expires (when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. When both restricted and unrestricted net assets are available to be used it is the policy of the organization to use restricted assets first. Temporarily restricted net assets at December 31, 2013 consisted of capital assets that were purchased with restricted funds totaling $204,616 and LSC and Non-LSC contributions to be used to fund future years operations totaling $1,088,453. 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, 2013 the organization had investments that consisted of United States Treasury Bills in the amount of $3,343,000. 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 $ 1,810 Interest Income 2 Total $ 1,812 9 COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2013 NOTE 2 CAPITAL ASSETS A summary of changes to capital assets for 2013 is as follows: Balance at 12/31/2012 Additions Depreciable Furniture Equipment Computer Equipment Software Law Library Total Depreciable Less Accumulated Depreciation Net Capital Assets NOTE 3 LIABILITIES $ 10,750 211,963 208,300 14,865 11,669 Balance at Deletions 12/31/2013 $ 1,168 $ - 19,285 (34,447) 15,751 - 265 $ 11,918 196,801 224,051 15,130 11,669 457,547 36,469 (34,447) 459,569 (251,638) (37,296) 33,981 (254,953) $ 205,909 $ (827) $ (466) $ 204,616 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. The employees of CLS accrue vacation based on length of service. CLS' year-end vacation liability was $107,447 which represents one-half of the total amount payable for all employees. This represents an accounting change that took effect January 1, 2003 and reflects a fair representation in accordance with generally accepted accounting principles. Deferred Revenue CLS receives grants from agencies that the organization is required to perform certain acts or meets certain thresholds in order to earn the money. When these grants 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. NOTE 4 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 $653,412 and equipment rental of $43,768. Minimum future rental payments under current operating leases having remaining terms in excess of one year, as of December 31, 2013: 2014 2015 2016 2017 2018 Thereafter Total minimum future payment 10 $ 644,323 579,495 470,270 455,936 439,102 475,392 $ 3,064,518 COLORADO LEGAL SERVICES NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 2013 NOTE 5INCOME 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. The tax returns of the organization are subject to review and examination by authorities. Tax returns for the year ended December 31, 2010, 2011 and 2012 are open for examination by authorities. There was no income tax charged to expense for the current year. NOTE 6 MANAGEMENT/GENERAL AND FUND-RAISING COSTS CLS estimates its management/general costs (which includes overall program direction, accounting, budgeting and board activities) were $1,293,068 representing 10% of its operating budget. Fund-raising costs were $129,305 and, thus, represent less than 1% of its operating budget. NOTE 7 SUBSEOUENT EVENTS Management has evaluated subsequent events through April 14, 2014, the date the financial statements were available to be issued. There were no material subsequent events that required recognition or additional disclosure. NOTE 8 RECLASSIFICATIONS Certain items relating to the prior year's financial statements have been reclassified to conform to the presentation of the current years financial statements. I1 SUPPLEMENTAL INFORMATION COLORADO LEGAL SERVICES SCHEDULE OF FUNCTIONAL EXPENSES For the Year Ended December 31, 2013 Schedule I Attorney Salaries Paralegal Salaries Other Salaries Total Salaries Employee Benefits Temporary Help Donated Services Total Personnel Rent & Maintenance Equipment Rental & Repair Consumable Supplies Training & Travel Telephone Insurance Contractual Services Books & Periodicals Depreciation Other Operating Total Non -Personnel Total Expenses 2013 ratios 2012 ratios Legal Management Services Si General Fund Raising Total $ 3,119,689 $ 350,527 1,417,876 159,312 1,021,336 114,757 5,558,901 624,596 1,430,464 160,729 4,433 498 2,686,682 303,095 9.680,480 1,088,918 $ 35,053 $ 3,505,269 15,931 1,593,119 11,472 1,147,565 62,456 6,245,953 16,073 1,607,266 50 4,981 30,308 3,020,085 108,887 10,878,285 676,911 74,837 7,484 759,232 38,954 4,377 438 43,769 120,282 13,515 1,351 135,148 151,295 16,999 1,700 169,994 102,627 11,531 1,153 115,311 16,914 1,900 190 19,004 253,358 28,467 2,847 284,672 39,811 4,473 447 44,731 33,193 3,730 373 37,296 394,483 44,321 4,435 443,239 1,827,828 204,150 20,418 2,052,396 $ 11,508,308 $ 1,293,068 $ 129,305 $ 12,930,681 89% 10% 1% 100% 85% 14% 1% 100% See the accompanying independent auditors' report. 12 COLORADO LEGAL SERVICES SUMMARY OF GRANTS AND CONTRACTS For the Year Ended December 31, 2013 Schedule II Amount Temporarily GRANTOR Period Received Unrestricted Restricted Legal Services Corporation 1/1-12/31/13 $3,693,535 $ - $ 3,693,535 Colorado Lawyers Trust Account Foundation 1/1-12/31/13 978,000 978,000 State of Colorado 1/1-12/31/13 735,952 735,952 Colorado Supreme Court 1/1-12/31/13 750,000 750,000 Dept of Health and Human Services -Aging 1/1-12/31/13 507,597 - 507,597 Colorado Attorney General I/1-12/31/13 500,000 500,000 Department of Health and Human Services-ORR 1/1-12/31/13 283,375 - 283,375 Victims Assistance and Law Enforcement 1/1-12/31/13 262,912 - 262,912 U.S. Department of Justice - VOCA 1/1-12/31/13 136,662 136,662 United Ways 1/1-12/31/13 109,849 - 109,849 Colorado Health Foundation 1/1-12/31/13 100,000 100,000 U. S. Department ofJustice 1/1-12/31/13 59,370 - 59,370 County of Boulder 1/1-12/31/13 55,000 - 55,000 Denver Center for Crime Victims 1/I-12/31/13 43,247 43,247 City of Boulder I/I-12/31/13 36,497 - 36,497 City of Longmont 1/1-12/31/13 25,000 - 25,000 Bureau ofJustice Assist (OW-B.TA) 1/1-12/31/13 22,169 22,169 Connie & William White 1/1-12/31/13 20,000 - 20,000 Other Grant 1/1-12/31/13 105,993 105,993 $ 8,425,158 $ $ 8,425,158 Note: Northwest Colorado Legal Services Project included in each type of grant. See the accompanying independent auditors' report. 13 O L el 00 N O N F- Ect O en O N o 00 Z $ 12,812.220 R Eta 0 b r rn N 0o tO b In ^ to l— 00 00 b b N r h vl ni r O C'wr in in M r .-- N v1 10 b M 0 in en n M O In V1 N M P N Co 0o r- to M O\ en,, 0 h 00 T O V rn to h h 00 d- 10 rn en H en N o0 00 v 0+ NN M ON b Co N co 00 M N b M 01 00 at fA 00 17, 4 n b OCr, O o0 N O CM M In 64 00Lin 0 N b N en N O at In N N 7 V co et b en Co SUPPORT: Cn en CI M in T vi N b 00 et h N b 00 A rn b O tin N m" In b NI b N 00 v N In \000 N ite0 O fn 'O O fn 000 N V Q ca tor N O en N O rn n N 00 co N 00 N of 00 en ec rn Ci rn 'on 7 et 00 IN N 0 00 00 Lei N 00 O 00 00 C 00 N N 00 h 00 N N O d M 00 en r0 N N -• O\ ^ 0 N en M' b 00 N01 n 0i b M 0 trE CV 00 co O^ O M vi CO V N'h In O o00 O en to V N b M N i0 N ^ In CA b00 0 CO , 0'70 0 01 In en n C' 0 N f ^ C' rn O N f- 0' N en �0 M b T In en N V den '1/40 - In N� ^ N In 1/40 to cohN ^ n N 0\ N� N 00 N ON ^ 00 N Cl., N O .. ct 00 en N co" c--: rnco or CC t-- b N L0 en ^ N 01 en M en b 0 rn en T N N N N V co N in en o co 7 N in N V N N CM N N n of R .~ N N rl 0 ,04 rn ^ 00 en b b ' b oo C rn n N N CIO b N a N N N N^ ti rn a N .+ 00 N v1 ti b -+ It, If, \00 V O O N b n b N'o Vl a r--- 01 M en O\ 41 d' N to N o fn d' O 00 b Yl d' O n ' r N Ia 00 00 it in 0 0 0 en en„ r -. rn In 00 Q In N 'O o0 V V N fn N N 0, oo O N 0 b CO N et T N M 0 N M e Men d N en N A '0- N cc" M N 0. '.0 T N fn N N� M b fn 00 b ' in to N ^ 00 O r0 N Ln en ..b_N _ N d' et fA M .. M N to en co En N rn O N_b en . en b 0O CO N ^ A G - M 69 CO Co en b en O C 0 0 00 O O� P .0 N h N b en 64 00 en rn O 0\ O M fn o 0 o N 0 01 0 n In c IA 00 b 00 00 O en h •--- en 0 ti " J o o d o o Al N 01 ^ T Q N' W 0 g t N - iC0 0 .A ^ N '� .� ,�, a'" o n o y o .o n c m G W Itin °�' —1; ba a v 0 m 0 u s W pis o.'z W .d g Z E u s rn o a F V. �S °'' 'a 0. i ,° i w 0 4. ' u0. cl '° o E v o 0 v a' o kn m° o o .c H F 0..0E-0[1.1F•0 C4,:aUFFSUR7.igO w 0 0 0 N 0 o W 0 0 V) In Q zz COLORADO LEGAL SERVICES SCHEDULE OF SUPPORT, EXPENDITURES AND CHANGES IN NET ASSETS (CONTINUED) For the Year Ended December 31, 2013 Schedule IV LSC OTHER Attorney TIG-11074 TIG-12074 Fee Interest Property Total Grants and Contracts Interest Income Gain on Sale of Equipment Other Total PERSONNEL EXPENSES Lawyers Paralegal Other Employee Benefits Total Personnel Expenses Rent & Maintenance Equipment Consumable Supplies Training & Travel Insurances Contractual Services Books & Periodicals Litigation Depreciation Other Operating Total Non Personnel Expenses TOTAL EXPENSES Revenues Over / (Under) Expenditures $ 10,804 $ 5,640 $ 45,244 $ - $ $ 61,688 207 207 10,804 5,640 45,244 207 61,895 7,453 1,339 2,583 5,639 3,089 520 499 518 2,824 6,138 4,946 13,380 24,464 7,453 3,922 9,248 3,841 2,484 2,484 1,173 1,173 2,966 - - 2,966 1,063 - 1,063 - - 168 168 3,269 18,429 21,698 - - 1,213 - - 1,213 3,770 207 - 3,977 - - - 10,272 10,272 1,397 225 598 - 2,220 4,666 225 31,864 207 10,272 47,234 10,804 5,171 45,244 207 10272 71,698 469 Acquisition of Property (645) Return to LSC Net other Changes CHANGE IN NET ASSETS Net Asscls - Beginning of Year Net Assets - End of Year (10,272) 645 (645) 645 (9,803) (176) (9,627) (9,803) 15,697 43,336 59,033 $ - $ 15,521 $ $ - $ 33,709 $ 49,230 See the accompanying independent auditors' report. 15 a a re: C O U U 0 4 0 COH en O N 1 dN' 1/40 ON N O O� Cr), en O 0en 10 r. N t CO 06 06 � n en - 00 .-. 10 O en 0 N ..en fiR Vt 0\ O N N b N m 0 en en N 1/40 0 01Vt rn O ON M Z c 0 V en Co Co Lei N 'O o0 C' v:; M O ren trn en EA 0 0 0 44444444 0 0 0 0 0 0 0 0 rn en en en en en en en 0. 0 0t 01 0 C\ a\ 01 0 N • b b N Vt en 'O -+ M O COCO M N n Vt N — N VI N 0 0 ON N b b . 0 - in en b en CO O CO en N 'a ' N -+ CO 0t in 0 01 N N 4.1 Vl CO fn tn 1/40 b v3 en en en en rn en rn en rn en ,_ �_ r\ Q • M fn r\ CC M M fn M N NNNNNNN N N Legal Services Corporation Depart of Health and Human Svcs Dept of Justice VOCA Office 0 U .0 F Bureau of Justice Assist (OJ -BIA) s of Human Trafficking Services for Vic Dept of Justice OVC Office c Assistance a Catalog of Federal Dome 0 a 1O. w 0 b 'O N a "0 w 5 0f 0 0 0 COLORADO LEGAL SERVICES NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS DECEMBER 31, 2013 EXPENDITURES OF FEDERAL AWARDS General The accompanying schedule of expenditures of federal awards includes the federal grant activity of the Colorado Legal Services, Inc. ("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. 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 OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. 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. 17 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. 2013 SALARY AND FRINGE: Documented personnel expenses of designated program staff $86,998 OPERATING EXPENSES: Actual space costs and other non -personnel expenses directly attributable to private attorney involvement 29,882 CONTRACTUAL AGREEMENTS: Actual contractual payments to private attorneys to represent income eligible program clients 83,126 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 295,265 TOTAL EXPENDITURE 495,271 TOTAL REQUIREMENT 431,423 EXCESS £63,848 18 Green & Associates LLC Certified Public Accountants & Business Consultants REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL CONTROL OVER COMPLIANCE INDEPENDENT AUDITOR'S REPORT To the Board of Directors Colorado Legal Services Report on Compliance for Each Major Federal Program We have audited Colorado Legal Services compliance with the types of compliance requirements described in the OMB Circular A-133 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, 2013. 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. Management's Responsibility Management is responsible for the compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of Colorado Legal Services major federal programs based on our audit of the types of compliance requirements referred to above. 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 OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about Colorado Legal Services compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of Colorado Legal Services compliance. Opinion on Each Major Federal Program 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, 2013. 2700EastBridgeSt.,SteA Creen&Associates • LLC Brighton, CO 80601 PHONE (720) 939-6458 www, GreenCPAf inn.com Certified Public Accountants & Business Consultants Report on Internal Control over Compliance Management of Colorado Legal Services is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered Colorado Legal Services internal control over compliance with the types of requirements that could have a direct and material effect on a major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of Colorado Legal Services 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 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 sign fcant 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. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, however material weaknesses may exist that have not been identified. 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 OMB Circular A-133. Accordingly, this report is not suitable for any other purpose. April 16, 2014 Brighton, Colorado 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 Directors 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 which comprise the statement of financial position, as of December 31, 2013, and the related statement 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 16, 2014. 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) to determine the 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 may exist that have not been identified. 2700 East Bridge St., Ste A Brighton, CO 80601 Green&Associates • LLC rzsamme-vni PHONE (720) 839-6458 www.CreenCPAfirm.com Certified Public Accountants & Business Consultants 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 determination of financial statement amounts. 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 entity'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 entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. April 16, 2014 Brighton, Colorado 22 SCHEDULE OF FINDINGS AND QUESTIONED COSTS December 31, 2013 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 510 (a) of Circular A -I33? Identification of Major Programs: Federal Program or Cluster: CFDA # 9.706060 Legal Services Corporation Dollar threshold used to distinguish between Type A and Type B programs: $300,000 Auditee qualified as low -risk? SECTION II FINANCIAL STATEMENT FINDINGS Current Year Audit Findings: Prior Year Audit Findings: No None Reported No No None Reported UNMODIFIED No Yes None None SECTION III FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS Current Year Audit Findings: Prior Year Audit Findings: 23 None None COLORADO LEGAL SERVICES C1)12 -DEIDaiir CLS Board of Directors February 26, 2014 Colorado Legal Services 2/20/2014 REVENUE Legal Services Corporation State of Colorado (FVJF) Colorado Supreme Court Colorado Attorney General Mile High United Way Pikes Peak United Way Larimer County United Way Foothills United Way Colorado Springs - Title IIIB DRCOG - Tile IIIB Grand Junction - Title IIIB Pueblo County - Title IIIB Boulder - Title IIIB City of Boulder County of Boulder City of Longmont VALE VOCANAWA Combined NWCLSP COLTAF LAF - General Interest Income Other Revenue TOTAL REVENUE EXPENDITURES Attorney Salaries Paralegal Salaries Other Salaries Fringe Benefits Temporary Agencies TOTAL PERSONNEL Space Equipment Supplies Mileage Si Parking Training & Travel - Unit Training & Travel - Mgmt Training & Travel - Board Program Audit Telephone Litigation Insurance Data Processing Membership Fees Contract Services- Program Contract Services - Clients Capital Acquisitions Library Other Operating TOTAL EXPENDITURES Surplus (Deficit) Beginning Net Assets Beg Restricted Net Assets Total Net Assets 2014 Operating Budget $4,587,199 875,000 297,253 582,699 75,000 14,848 0 2,439 40,000 218,392 110,000 59,960 27,000 37,000 55,000 20,000 225,903 136,662 112,663 700,000 1,350,000 1,000 833,602 $10,361,620 3,879,804 1,657,767 1.168.757 6,706,327 1,720,601 16O_00 8,441,928 736,004 100,000 155,000 140,000 20,000 100,000 3,000 12,500 120,750 150,000 25,000 8,500 33,350 75,000 225,000 75,000 60,000 249725 $2,288,830 10,730,758 (369,138) 3,147,567 0 3,147,867 ENDING NET ASSETS 2,778,729 GREELEY - OFFICE OPERATING BUDGET REVENUE State VALE . 19th JD VALE Individual Donations Title III Donations State of Colorado COLTAF , Legal Aid Foundation Legal Service Corp TOTAL EXPENDITURES Salaries Fringe Space -Rent Audit Contract Srv-Clients Utilities/Jan itoriall Equipment Rental Equip/Software/Repairs Supplies/Postage Travel Training Telephone Library Litigations insurance Membership Fees Other Operating Budget 2015 15,272 36,000 500 100 53,664 18,346 105,487 334,806 584,174 363,889 138,278 24,000 700 1,000 3,000 1,508 3,000 8,500 4,500 3,000 4,500 2,000 2,500 1,300 2,000 500 TOTAL 564,174 SURPLUS(DEFICIT) 0 Colorado Legal Services Board of Directors - 2015 Sharon Cochran Aurora, Colorado Attorney, Sam Cary Bar Association Pete Cordova Salida, Colorado Attorney, Colorado Bar Association Jerome DeHerrera Denver Public Schools Denver, Colorado Attorney, Colorado Bar Association John P. Frey Frey Plock & Root, LLC Fort Collins, Colorado Attorney, Colorado Bar Association Larry Gaddis Gaddis Kin & Herd PC Colorado Springs, Colorado Attorney, Colorado Bar Association Allison Gober Salida, Colorado Client Eligible Board Member The Alliance Against Domestic Abuse Paula Greisen King & Greisen, LLP Denver, Colorado Attorney, Colorado Bar Association Trudee Gurley Gurley Law Group Grand Junction, Colorado Attorney, Colorado Bar Association Patricia Hall Maynes Bradford Shipps, Et Al Durango, Colorado Attorney, Colorado Bar Association Dorothy Hensley Longmont, Colorado Client Eligible Board Member Boulder County Agency on Aging Nancy Hijar Clifton, Colorado Client Eligible Board Member Western Slope Center for Children Kenzo Kawanabe Davis Graham & Stubbs, LLP Denver, Colorado Attorney, Colorado Bar Association Regina Kazeck Alamosa, Colorado Client Eligible Board Member La Puente John Livingston, Jr. Magistrate, retired Denver, Colorado Attorney, Colorado Bar Association Angela Martinez La Junta, Colorado Client Eligible Board Member Arkansas Valley Farmworkers' Services Coalition Harry Barton (Bart) Mendenhall, II Mendenhall & Malouff Rocky Ford, Colorado Attorney, Colorado Bar Association Kymberly Merrick Craig, Colorado Client Eligible Board Member Moffat County United Way Meredith Munro liamil/Hecht, LLC Denver, Colorado Attorney, Colorado Bar Association MacKenzie O'Shea Greeley, Colorado Client Eligible Board Member Project WISE Bruce Saltier Faegre & Benson, retired Denver, Colorado Attorney, Colorado Bar Association Tina Smith Denver, Colorado Client Eligible Board Member AFDC Coalition Amber Springstead Fort Collins, Colorado Client Eligible Board Member Mathews House Alan C. Stine Aurora Municipal Court Aurora, Colorado Attorney, Colorado Bar Association Helen Stone Stone, Rosen & Byrne, PC Boulder, Colorado Attorney, Colorado Bar Association Kara Veitch Denver, Colorado Attorney, Colorado Women's Bar Association Daniel A. Vigil University of Denver College of Law Denver, Colorado Attorney, Colorado Hispanic Bar Association Officers: Chair: Vice Chair: Secretary: Treasurer: 2/24/15 Tina Smith John Frey MacKenzie O'Shea Larry Gaddis COLEGALSI ACORD.CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDrTYYY) 1113/2015 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. 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IMnu,k,torq In NH) II py+,a, describe un,l•r Of.CC IIIPIRN7 CIF r1P+:RAT1ONS beiow Cyber Liability NIA LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY NUMBER (Nta'!IS(.1'1 rY1') IR 41�d0TWRI 34SBAPP3232 12/01/2014,12/011201 34SBAPP3232 521222 34MB028043814 12/01/2014 0/01/2014 12/01/201 10/01!201 17/2512014 07/25/201 r MONVO:c44,4 ELMO tho 4IF0 i)PS . BODILY INJURY (Per poison) BODILY INJURY (Per =Meal) (t(8)I tlIl1'Y DAh1AOI-. _ (I:92:s gtl7'!) EACH OCCURRENCE _ AGGREGATt LIMITS EACH OCCURRENCE �_— S2,000,000 1t F1111 INT$ilCoar$l. $1,000,000 MED E%P (llnr one r "•r+H_ $ )0;000 PERsoNAI.anovINJURY x2,000,000 OENI32ALAGGREGATE 34,000,000 PRODUCTS - cOMPIOP AGO 84,000,000 !,2,000,000 $ s S 3 X l ott'.UMLFS 1 IS_ _ .. -. FL EACHni:Clyl.NI $590,000 E L. DISEASE - EA PWLtYFEF4 in00,000 E.L. DISEASE - POLICY UNIT x'800,000 81,000,000 Data Privacy $1,000,000 Network Sec 5 000 Retention DESCRIPTION OF OPERATIONS /LOCATIONS I VEF/CLES (Attach ACORD 101, Additional Remarks Schedule, If more spew Is required) This section intentionally left blank CERTIFICATE BOLDER Insured Copy _Q CI5N ELATION 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 ACORD 25 {2010/05} 1 of 1 #53304778/N13303491 • 81986.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KY01 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81500061, 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 bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid 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 bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Colorado Legal Services BY Tina Smith, Chair, Board of Directors (Please print) BUSINESS 1905 Sherman Street, Suite 400 2/25/2015 CITY, STATE, ZIP CODE Denver, CO 80203 TELEPHONE NO 6-99 FAX 303-830-7860 TM ID # 84-0402702 SIGNATURE E-MAIL morlenes@comcast.net tHE SUCCESSFUL BIDDER SHALL Pi3ovic) A W-9 IF NOT ALREADY ON Fl LE*" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -12 81500061 29 Hello