HomeMy WebLinkAboutC07-227 NWCCOGPURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging This Purchase of Services Agreement is made and entered into by and between the named parties. In accordance with the purposes stated herein, it is hereby agreed as follows: COUNCIL: SUBCONTRACTOR: Northwest Colorado Council of Governments Alpine Area Agency on Aging PO Box 2308 249 Warren Avenue Silverthome, CO 80498 Eagle County Health &Human Service PO Box 660 Eagle, CO 81631 SUBCONTRACT ISSUED ON: SUBCONTRACT PRICE NOT TO EXCEED: 06/13/2007 $22,326.40 SUBCONTRACT AWARDS NUMBER: PAYMENT REQUESTS RECEIVED: SFSS SFY08-Eagle HHS Monthly: by the 20th PRICE STRUCTURE: TERM: This subcontract for SFY'08 shall be effective upon Cost Reimbursement execution by both parties. The subcontract shall end on 06/30/2008. REGION X11 AREA SERVED: Eagle County TOTAL SUBCONTRACT BUDGET*: SERVICES DELIVERY*. State Funds for Senior Services $22,326.40 Case Management 525 units/50 clients Program Income -0- Local Cash Match 45,033.60 Local In -Kind Match -0- OTHER SENIOR SERVICES OPERATIONAL ACTIVITIY: Other Funds -0- Program Development: Network of Care TOTAL BUDGET $67,360.00 web -based information & referral system "Budget Detail in Exhibits # 1 and # 2. "Service Delivery Objectives Detail in Exhibit # 1 COUNCIL REPRESENTATIVE: SUBCONTRACTOR REPRESENTATIVE: Jean Hammes Sheri Mintz NWCCOG-Alpine Area Agency on Aging Eagle County Health &Human Service PO Box 2308 PO Box 660 Silverthorne, CO 80498 Eagle, CO 81631 phone: 970-468-0295 x.107 phone: 970-328-1352 fax: 970-468-1208 email: sheri.mintz@eaglecountyus email: jhammes@ nwc.cog.co.us The Subcontractor understands and agrees that the Council shall not be liable for payment for work or services or for costs or expenses incurred by the Subcontractor prior to the proper approval and execution (signature and date) of this subcontract agreement. The Alpine Area Agency on Aging, a division of the Northwest Colorado Council of Governments, is responsible for the administration of funding received from the State of Colorado for aging service programs under the Older Americans Act and the State Funding for Senior Services. SFY'08 State Funds for Senior Services Page 1 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging THIS PURCHASE OF SERVICES AGREEMENT (hereinafter referred to in this document as "subcontract"), is entered into, by and between the NORTHWEST COLORADO COUNCIL OF GOVERNMENTS, ALPINE AREA AGENCY ON AGING (hereinafter referred tom' this document as the "Coun6zP') and Eagle County Health & Human Service (hereinafter referred to in this document as the "Subcontractor'), WITNESSETH THAT: WHEREAS, in order to provide services under Region XII's four-year planning & service area aging plan, the Council desires to engage the Subcontractor to provide said described services pursuant to the Older Americans Act/Older Coloradans Act requirements which is expected to be financed through the State of Colorado through State Funds for Senior Services; WHEREAS, the Subcontractor was selected as a recipient of funds by the Alpine Area Agency on Aging Regional Advisory Council and the Council following a competitive Request for Proposal process; WHEREAS, the Subcontractor warrants that they desire to provide and has the capacity, knowledge, and skills for proper and efficient provision of said described services. NOW, THEREFORE, the parties hereto understand and mutually agree as follows: 1.0 PERIOD OF PERFORMANCE The term of this subcontract is for the state fiscal year period of July 1, 2007 through June 30, 2008. 1.1 One Time Funding. The Subcontractor understands that this subcontract is made for the term and amounts stated in this subcontract. This subcontract in no way implies further funding, which is contingent upon the availability of funds and approval of future program applications. 2.0 AWARD AMOUNT The Council hereby agrees to award State Funds for Senior Services and to reimburse the Subcontractor for all eligible program services and/or deliverables costs up to, but not exceeding, the sum of $22,326.40 Dollars. 2.1 Compensation. The Subcontractor agrees to provide services as described in attached Exhibit # 1 on a cost -incurred basis at the rate assumed bythe Subcontractor without provision for profit or margin over the cost assumed. Such valuation shall include wages and fringe benefits. Specifically Subcontractor agrees to abide by the dollar amounts as shown in the budget by description and cost categories. 2.2 Funds Accountabilitv. Through this subcontract the Subcontractor is accountable to the Council and to the State Unit on Aging for using funds obtained through this subcontract appropriately in the delivery of services for older persons and other eligible consumers. Failure to comply shall be grounds for termination of the subcontract with the Subcontractor. 3.0 SCOPE OF SERVICES The Subcontractor shall do, perform and carry out, in a satisfactory manner, as determined bythe Council, the services as described in the funding application attached hereto as Exhibit # 1 and expressly made a part hereof. 4.0 STATE FUNDS CONTINGENCY This award and the payment of state funds pursuant to this subcontract, whether in whole or in part, is subject to and contingent upon the continuing availability of State Funds for Senior Services for the purposes hereof. SFY'08 State Funds for Senior Services Page 2 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging In the event that said funds, or any part thereof, become unavailable, as determined by the State of Colorado, the Council mayimmediatelyterminate this subcontract or amend it accordingly. 5.0 GENERAL REQUIREMENTS 5.1 Compliance with the Law. Subcontractor must complywith Federal, State, and local laws, rules, regulations, standards and contractual requirements applicable to providing the contracted service(s), including, but not limited to, compliance with non-discrimination and equal opportunity during the performance of this Contract. 5.2 Compliance with Service Standards. The Subcontractor agrees that the provision of program services will be carried out in accordance with program and fiscal regulations of the Older Americans Act (Title 42, Chapter 35 et al) and the Older Coloradoan's Act (C.R.S. title 26 Article 11). The Subcontractor agrees to comply with the applicable version of the Colorado Department of Human Services Staff Manual Volume 10 Services for the Aging (12 CCR 2510-1) program rules (hereinafter referred to in this document as "Volume 10"), and related policy guidance provided by the State Unit on Aging of the State of Colorado. The Subcontract shall also comply with 1) clarifications or guidance issued by the United States Department of Health & Human Services; 2) the policies and procedures established for contracts and grunts by the State; 3) the terms and conditions of the project application approved by the Northwest Colorado Council of Governments in making this award of funds; 4) and the requirements found at Code of Federal Regulations 45 CRF, Part 1321; 45 CRF Part 74; 45 CRF Part 92; and 45 CRF Part 95 and/or the applicable Office of Management and Budget (OMB) Circulars for awards to non-profit organizations and local governments. The Subcontractor agrees to incorporate any future changes in policies or conditions of the Council as they relate to funding awarded or services provided under this Subcontract. Subcontractor also agrees to incorporate any future changes in rules, regulations, standards or policy as published by the Council and/or the State Unit on Aging into their procedures as they relate to the services provided under this Contract. 6.0 CONTRIBUTIONS FOR SERVICE 6.1 Suggested Contribution Schedule. Subcontractor shall post a suggested contribution schedule and required guest fees for services at the entry point of the service premises. 6.2 Contributions from Eligible Older Persons. The Subcontractor providing services under this subcontract shall provide eligible older persons receiving such service(s) the opportunity to voluntarily and free from pressure contribute to all or part of the costs of a provided service(s); each individual recipient shall determine for themselves what, if anything, he/she is able to contribute towards the cost of the service(s) rendered, and the privacy of that individual's decision to contribute or not contribute toward the service shall be protected. 6.3 Denial of Service. Under no circumstances may an eligible older person be denied service(s) under this subcontract because of his/her decision not to, or failure to, contribute to all or part of the cost of such service(s). 7.0 ELIGIBILITY OF SERVICE 7.1 Criteria. In keeping with the intent of the Older Americans Act and the Older Coloradans Act services are available to all persons age 60 and older and targeted to those with the greatest social and economic need. 7.2 Assessment of Individual. The Subcontractor will conduct an assessment of individual need prior to the delivery of service to comply with ASU Memorandum 04-32. 7.3 Discrimination. The Subcontractor during the performance of this agreement shall not discriminate, exclude from participation, or deny benefits to eligible persons because of the individual's race, color, religion, gender, sexual orientation, national origin, handicap, political beliefs, or age conditions, except where age is a valid consideration as described in the Older Americans Act/Older Coloradoans Act. SFY'08 State Funds for Senior Services Page 3 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging 8.0 METHOD OF PAYMENT Payments pursuant to this subcontract shall be made as earned, in whole or in part, from available funds, for the purchase of the described services and/or deliverables. The habilityof the Council at anytime for such payments shall be limited to the encumbered amount remaining of such funds. 8.1 Reimbursement Method. Subcontractor must invoice the Council on the prescribed forms in accordance with the State directives at the end of each month for costs incurred within that month. The Council will pay to the Subcontractor funds available under this subcontract based upon information submitted by the Subcontractor consistent with the approved budget in Exhibit # 1. Payments will be made for eligible costs actually incurred by the Subcontractor, and not to exceed award amount. 9.0 REPORTING 9.1 Financial Reports. Subcontractor agrees to complete and submit financial information on the forms required by the Council and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, and shall be in such complete form so that all pertinent information required is contained therein. The Subcontractor shall submit to the Council a monthly financial report at the end of each month for costs incurred within that month by the 15th day of the following month of the calendar year during the term of this subcontract. State Funds for Senior Services expenditures shall be reported separately from Federal Title III fund expenditures. Program Income (expenditures and earnings). Subcontractor's monthly reports will correctly indicate expenditures of Program Income when incurred and for Program Income when earned as per Section 10.320.1 of the Colorado Department of Human Services, Staff Manual Volume 10 Colorado Services for the Aging (12 CCR 2510-1). All program income generated by activities carried out with state funds made available under this subcontract, and the use of Program Income by the Subcontractor shall comply -with the requirements set forth in Staff Manual Volume 10. Program Income earnings shall also include interest earned on program income accounts, and shall be reported monthly. Local Match. Subcontractor's monthly reports will correctly indicate for expenditures of local cash and/or in kind services. The Council may withhold payments to reimburse subcontract expenditures should the Subcontractor fail to meet said requirements. 9.2 Performance Reports. Reporting of each month's service units provided and the number of clients served bythe 15th day of the following month of the calendar year is required to justifythe payment or reimbursement of funds. It is expressly understood that no payment of requested reimbursed funds will be made without the verification of service delivery for State Funds for Senior Services. The Subcontractor shall submit to the Council a monthly program report, containing information in a form prescribed by the Council, throughout the term of this subcontract and shall be in such complete form so that all pertinent inforination required is contained herein. The performance report for State Funds for Senior Services shall be reported separately from Federal Title III performance reports. The Council may withhold payments to reimburse subcontract expenditures should the Subcontractor fail to meet said requirements. 9.3 Client Data. The Subcontractor shall submit monthly to the Council, on or before the 15,h day of the next calendar month, the Consumer Information Assessment Form (the form required by the State of Colorado for the Social Assessment Management Systems [SAMS� for every eligible consumer that receives a registered service through either the Older Americans Act or Older Coloradans Act demonstrating the client's eligibility for services and characteristics of the client. 9.4 Other Reports. The Subcontractor agrees to submit other reports to Council as requested by the State or Administration on Aging. SFY'08 State Funds for Senior Services Page 4 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging The Council may withhold subcontract payments should the Subcontractor fail to meet said requirements. 10.0 RECOVERY OF IMPROPER PAYMENTS The Subcontractor shall notify the Council immediately if they believe they have received an overpayment of other erroneous or improper payment. The Subcontractor is required to refund any erroneous or improper payment within ninety (90) days of written demand by the Council or the State Unit on Aging. 11.0 FINANCIAL OBLIGATIONS It is agreed by both parties that should the Colorado State Legislature, Colorado Department of Human Services, US Department of Health and Human Services, or US. Department of Agriculture disapprove the subcontract or refuse or fail to make these funds and other related federal and state funds available by appropriation, budget, approval, or otherwise made unavailable to provide the services specified in this subcontract or any funding either in total or in part is not forthcoming to the Council, then this subcontract shall be void and shall not be binding on any parties to the subcontract as of such date. The Council and the subcontractor are released from all liability -whatsoever and will not be responsible for payment of any costs or expenses incurred in reliance upon this subcontract beyond that amount which has been appropriated and made available to Council and neither party shall have any further liability hereunder. 12.0 FINANCIAL MANAGEMENT 12.1 Accounting Standards. The Subcontractor agrees to adhere to generally accepted accounting principles and procedures, utilize adequate internal controls, and maintain necessarysource documentation for all costs incurred. 12.2 Internal Controls. Subcontractor shall ensure that fiscal controls are established and maintained for itself. Subcontractor shall ensure that minimum standards and procedures are established for the responsible collection of, handling and safeguarding of participant contributions, and non -eligible recipient fees. 13.0 RECORDS, AUDITS & ASSESSMENT 13.1 Records. The Subcontractor agrees to maintain and retain all records required by Staff Manual Volume 10 that are pertinent to the activities and provision of services to be funded under this subcontract for the subcontract period. Such records shall be maintained for the period provided in Item Retention Period below. 13.2 Accounting Records. The Subcontractor agrees to maintain such documents and accounts, which identify adequately the source and application of funds for subcontract activities, including the status of funds within the award, the disposition of all monies received, and the nature and amount of all charges claimed to be against such funds. Such documents and accounts shall be maintained for the period provided in Item Retention Period below. 13.3 Retention Period. The Subcontractor until notified in writing bythe Council that the records may be destroyed shall retain all records and documentation association with the provision services under this subcontract. 13.4 Audits and Inspections. During the subcontract term, the retention period, and as long thereafter as the records are maintained, at anytime during normal business hours, the Council, ®HS, HHS, the Comptroller General of the United States, the Council, or any of their authorized representatives and the State shall have the right of access to any books, documents, papers or other records of the Subcontractor with respect to all matters covered by the subcontract and the Older Coloradans Act in order to make audit, examination, excerpts, and transcripts. If costs are disallowed, the proportion of State Funds for Senior Services funds must be returned to the Council and/or to the State Unit on Aging. 13.5 On -Site Assessments. The Subcontractor understands that the Council may also conduct comprehensive program and financial on-site assessments of the activities conducted under the Older Coloradans Act and to monitor the performance standards of senior program and services and to ensure SFY'08 State Funds for Senior Services Page 5 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging that state funds made available by award are expended in keeping with the purposes for which they were awarded. If costs are disallowed through audit or assessment, the proportion of State Funds for Senior Services funds disallowed must be returned to the Council and/or to the State Unit on Aging. 14.0 CONFIDENTIALITY The Subcontractor shall protect the confidentiality of all records and other materials containing personally identifying information, including the consumer's individually identifiable health information, that are maintained in accordance with this subcontract. Except as provided by law, no information in possession of the Subcontractor about any individual consumer shall be disclosed in a form including identifying information without the prior written consent of the person in interest. The Subcontractor shall advise its employees, volunteers or agents, if any, that they are subject to these confidentiality requirements and shall provide its employees, volunteers or agents, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 15.0 EMPLOYMENT OF SUBCONTRACTOR Nothing contained in this subcontract is intended to, or shall be construed in any manner, as creating or establishing the relationship employer/employee between the parties. Both parties recognize and agree that the Subcontractor is an independent contractor for all purposes, both legal and practical, in performing activities under this subcontract. 16.0 PERSONNEL The Subcontractor assures that it has, or will secure at its own expense, all personnel required in performing the services under this subcontract. The Subcontractor shall be responsible for employing and directing such personnel and volunteers, as it requires, to perform the services purchased hereunder. The Subcontractor shall exercise complete authority over its personnel and volunteers, and shall be fullyresponsible for their actions. Such personnel shall not be employees of the Council. Qualifications. All of the services described herein under will be performed by the Subcontractor or under its supervision, and all personnel engaged in work shall be fully qualified and shall be authorized under State and local law to perform such services. Nondiscrimination. Subcontractor agrees to comply with the letter and spirit of the Colorado Anti - Discrimination Act, CRS 24-34-401 et seq., as amended, and all applicable local, state, and federal laws respecting discrimination and unfair employment practices. Equal Employment Opportunity/Handicapped. The Subcontractor agrees to complywith Executive Order Number 11426 entitled "Equal Employment Opportunity" as supplemented in the U.S. Department of Labor Code of Federal Regulations Title 41 CFR Part 84 and to execute such provisions as are required. The Subcontractor will not discriminate in employment on the basis of handicap against any qualified handicapped person and agrees to take positive steps to employ and advance in employment qualified handicapped persons and to comply with the U.S. Department of Health and Human Service Code of Federal Regulations 45 C.F.R. part 84. 17.0 STANDARDS OF CONDUCT The Council expects its employees to conduct themselves in a professional and businesslike manner at all times. This same level of professionalism is implied and also expected in our working and sub -contractual relationships with outside partners. Subcontractor shall uphold and advance the integrity, honor, and dignity of their respective organization, the State Unit on Aging, and the Council by. a. using their knowledge and skill for the enhancement of services and coordinated systems through cooperation and collaboration; b. being honest and impartial, serving with fidelity, and acting in the best interest of everyone; c. demonstrating respect for all people; SFY'08 State Funds for Senior Services Page 6 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging d. treating all partners, staff, volunteers, and agents in a civil and courteous manner, not only in public, but also in all written and oral communications; e. striving to increase the capabilities, competence, and prestige of the Region XII Planning and Service Area. Employees, volunteers, or agents of the Subcontractor or of the Council shall avoid any action, which might result in or create the appearance of violating these standards of conduct. Violations of these standards will result in actions up to and including termination of the subcontract. 18.0 NON -ASSIGNABILITY It is understood and agreed that the Subcontractor shall have no right of assignment under this subcontract. 19.0 EQUIPMENT Equipment purchased all or in part with funds under the Older Americans Act or State Funding for Senior Services is subject to the transfer and equipment management regulations set forth respectively in Sections 74:136; 74:139; and 74:140 of the Code of Federal Regulations, Title 45 CRF Part 74. The Subcontractor agrees to secure written approval from the Council before: a. The purchase of equipment made bythe Subcontractor with State Funding for Senior Services funds. b. The transfer, sale, or disposal of any equipment or supplies purchased all or in part with funds under the State Funding for Senior Services. 20.0 INSURANCE Subcontractor shall obtain and maintain throughout the term of the subcontract, at Subcontractor's sole expense, workers compensation and/or employer's liability insurance in an approved company or companies, to cover all classifications of work and workers herein contemplated in accordance with applicable law and regulation. 20.1 Workers Compensation and/or Employer's Liability Insurance must be maintained in an approved company or companies for all of its employees involved in the performance of this subcontract in accordance with applicable law and regulation. 20.2 General and Automobile liability insurances: The Subcontractor shall provide general liability insurance covering all operations under this agreement; and automobile liability insurance as required by the State of Colorado for all motor vehicles used in connection with the services purchased by this subcontract, whether owned, non -owned, or hired. Said liability shall be for the term of the subcontract. In no event, however, shall such general public liability coverage have limits less than Two Hundred Thousand Dollars ($200,000.00) for each person, and Five Hundred Thousand Dollars ($500,000.00) for each accident or incident. The foregoing required insurance coverage shall be adequate to protect both Subcontractor and Council from all liability on account of injury or damage done to the persons or property of any and all persons during or in consequence of the performance of the work and services herein subcontracted for. The maintenance of such insurance shall not affect Subcontractor's obligation to indemnify Council, as provided in Item Liabili Indemnification below, but maintenance of such approved insurance shall be a condition precedent to the payment to Subcontractor of compensation for the performance of said scope of services as described in Exhibit # 1. These policies may not be canceled, terminated, changed or modified during the subcontract period without thirty (30) days written notice to the Northwest Colorado Council of Governments. 21.0 LIABILITY: INDEMNIFICATION Subcontractor shall be solely responsible for all its acts and the acts of its agents, employees, and volunteers while engaged in the performance of the subcontract work Subcontractor personally and for all its heirs, successors or assignees, covenants agrees to indemnify and save harmless Council, absolutely and without limit, against all liability, claims, demands, suits, judgments, costs or expenses for injury to or death of any SFY'08 State Funds for Senior Services Page 7 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging person or persons (including employees or agents of Council or Subcontractor) and for damage to or loss of property asserted, made or recovered by any and all persons whomsoever on account of or resulting from the acts or omissions of Subcontractor, Subcontractor's agents, employees, or volunteers, during the performance of the work herein contracted for. Similarly Subcontractor agrees to indemnify Council for loss or damage to any of Council's property used or obtained in connection with the work or services to be performed under this subcontract. 22.0 CANCELLATION OR TERMINATION 22.1 Termination of Subcontract for Cause. If, through any cause, the Subcontractor shall fail to fulfill in a timely and proper manner their obligations under this subcontract, or if the Subcontractor shall violate any of the covenants, agreements or stipulations of the subcontract, the Council shall thereupon have the right to terminate this subcontract by giving written notice by Certified Mail, return receipt requested, to the Subcontractor of such termination, the reasons and conditions for such termination, and specifying the effective date thereof, at least thirty (30) calendar days prior to the effective date of termination. 22.2 Mutual Termination. Either party mayterminate the subcontract upon mutual consent setting forth in writing a notice of intent to terminate, the effective date and procedures. Termination of this subcontract for reasons other than non-compliance shall be mailed by Certified Mail, return receipt requested, at least forty (40) calendar days prior to the requested effective date of termination 22.3 Termination By Subcontractor. The Subcontractor, by -written notification setting forth the reasons and specifying the effective date, mayterminate this subcontract. The termination of this subcontract shall not be effective until at least thirty (30) calendar days after the Subcontractor mails to the Council by Certified Mail, return receipt requested, a written notice of intent to terminate. Reasons for termination may include circumstances beyond the control of the Subcontractor. If the Subcontractor terminates a portion of the subcontract, the Council, at its option, and if it determines the remaining portion would not accomplish the purposes of the subcontract, mayterminate the subcontract in its entirety. 23.0 UNEARNED MONIES. The Subcontractor understands that, if there is State funds cash unearned at the time the program is terminated, this amount must be returned to the Council, unless the Council otherwise stipulates. Conditions for earning State monies include: (1) Expenditures of funds; and (2) Matching State monies at the negotiated rate. (3) Contributions (Program Income) 24.0 CHANGES 24.1 Change in Amount of Funds. If there is any increase or decrease in the amount of State Funds for Senior Services funds or allocations received by the Council, which directly or indirectly effects Subcontractor's compensation, Council shall give written notice thereof to Subcontractor and said notice and the compensation paid thereunder shall become an amendment to the subcontract. 24.2 Subcontractor Changes. Subcontractor agrees to advise the Council of needed program and financial changes and to await approval from the Council prior to a change in implementation. 25.0 UNEARNED PAYMENTS Unearned payments under this subcontract may be suspended or terminated in the event that the Subcontractor refuses to accept additional terms or conditions to this subcontract that maybe imposed by Colorado State Legislature (State), Colorado Department of Human Services (CDHS), or United States Department of Health and Human Services (HHS) after the effective date of the subcontract. NOW THEREFORE, with regard to this subcontract the Council shall: SFY108 State Funds for Senior Services Page 8 of 9 PURCHASE OF SERVICES AGREEMENT STATE FY'08 STATE FUNDS FOR SENIOR SERVICES Northwest Colorado Council of Governments -Alpine Area Agency on Aging a. Monitor and evaluate program performance; b. Disburse funds in atimely manner, as available; C. Provide training and technical assistance to Subcontractors, as available; d. Be accountable for the dissemination and implementation of required policies and procedures to applicable subcontracted service providers within 60 days or within the timeframe as directed by -the State Unit on Aging; and e. Work cooperatively with the Subcontractor to ensure that State Funds for Senior Services and associated local match and local funds are used appropriately. WHEREOF, the parties hereto have made and executed this Purchase of Services Agreement for SFY'08 State Funds for Senior Services to be effective as of the Pt day of July 2007. APPROVALS: NORTHWEST COLORADO COUNCIL OF GOVERNMENTS ALPINE AREA AGENCY ON AGING ("COUNCIL," deral ID Number 84-0639906) By: Date: G Seve tf xecutivdvDirector, NWCCOG EAGLE COUNTY HEALTH AND HUMAN SERVICE ("SUBCONTRACTOR") Federal Tax ID Number (EIN) B Date:' SFY'08 State Funds for Senior Services Page 9 of 9 ATTACHMENT A PURCHASE OF SERVICES CONTRACT AGREEMENT NO. SFSS SFY08-Eagle HHS STATE OF COLORADO CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIENS The SUBCONTRACTOR, whose name and signature appear below, certifies and agrees as follows: ILLEGAL ALIENS — PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-15.5-101 and 24-76.5-101. SUBCONTRACTOR certifies that it shall comply with the provisions of CRD 8-17.5-101 et seq. SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under the referenced purchase of services contract agreement or enter into a contract with a sub- contractor that fails to certify to SUBCONTRACTOR that the sub -contractor shall not knowingly employ or contract with an illegal alien to perform work under the referenced purchase of services contract agreement. SUBCONTRACTOR represents, warrants, and agrees that it has verified that it does not employ any illegal aliens. SUBCONTRACTOR shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and SUBCONTRACTOR shall be liable for actual and consequential damages. SUBCONTRACTOR, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, and (ii) shall comply with the provisions of CRS 24-76.5-101 et seq.. CERTIFIED and AGREED to this day of , 20_ SUBCONTRACTOR Eagle County Health and Human Service PO Box 660 Eagle, CO 81632 Federal Tax ID Number (EIN) Please'AmiFName of Signer SFY'08 State Funds for Senior Services Attachment A