HomeMy WebLinkAboutAging - Mid Penn Legal ServicesPURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT made and entered into this 22nd day of April, 2026, by and
between the COUNTY OF FRANKLIN, 272 North Second Street, Chambersburg,
Pennsylvania 17201 hereinafter referred to as “COUNTY” and MIDPENN LEGAL
SERVICES, INC., of 100 North Cameron Street, Suite 401 West, Harrisburg, Pennsylvania
17101, hereinafter referred to as “CONTRACTOR”.
WITNESSETH:
WHEREAS, the CONTRACTOR has previous experience in the provision o f legal
services for Franklin County Area Agency on Aging, hereinafter referred to as “COUNTY”,
and
WHEREAS, the Pennsylvania Department of Aging, hereinafter referred to as “PDA”,
is designated pursuant to the Act of June 20, 1978, P.L. 477, No. 70, as the sole state Agency
to provide for services to the aging through Area Agencies on Aging and other appropriate
agencies, organizations and institutions authorized in accordance with the Older Americans
Act of 1965, as amended, to stimulate service opportunities for the aging which are not
otherwise available; and
WHEREAS, regulations promulgated under the Older Americans Act of 1965, as
amended, require that Area Agencies on Aging Legal Services providers must make efforts to
involve the private bar in legal services provided under this Act; and
WHEREAS, COUNTY through contract with the PDA is authorized to provide
through sub-contract arrangements, legal services to persons 60 years of age and over in the
geographical area serviced by COUNTY; and
WHEREAS, the CONTRACTOR is an organization which has agreed to execute a
contract with COUNTY to perform said services; and
WHEREAS, the parties desire to set forth their understanding in writing.
NOW THEFORE, the parties hereto, for and in consideration of the mutual promises
set forth herein, and for other valuable and good consideration, and intending to be legally
bound hereby, do mutually covenant and agree as follows:
1. This Agreement shall be effective from March 1, 2026 through June 30, 2026.
The services rendered hereunder shall meet all qualitative standards set by the PDA. This
Agreement may be continued at the rate provided herein or as amended, until such a time as
a new Agreement can be executed for the following Fiscal Year. Renewal of this Agreement
shall be by express agreement of the parties.
2. COUNTY agrees to reimburse the CONTRACTOR the sum of $75.00 for each
hour of pre-approved services provided. If travel is necessary to Franklin County or the
consumer’s home, COUNTY agrees to pay an additional fee per mile for travel which shall
be set at the then-current IRS mileage travel allowance. Notwithstanding the foregoing, the
maximum total encumbrance of this Agreement shall not exceed $2,300.00.
3. All reimbursements to the CONTRACTOR are contingent upon the availability
of funds.
4. The CONTRACTOR is required to supply to COUNTY, by the 10th of each
month, an invoice containing an itemized listing of hours of legal service rendered by the
CONTRACTOR, during the preceding month. This list shall contain name of consumers
serviced as well as dates of service and an accounting of the time spent on each matter and
emailed to aginginvoices@franklincountypa.gov. The per unit rate of $75.00 shall be broken
into tenths of hours. COUNTY will reimburse the CONTRACTOR at the aforementioned unit
cost rate within 45 days after the receipt of the monthly service rendered invoice.
5. The CONTRACTOR will furnish services under this Agreement only to persons
referred by, or referrals cleared in advanced through COUNTY Casework Unit.
6. The CONTRACTOR shall agree to make themselves accessible to COUNTY
Monday through Friday 8:30AM to 4:30PM.
7. No fee for services or related expense shall be charged to the consumers served
from this Agreement.
8. Services to be included with the Agreement of March 1, 2026 through June 30,
2026, shall be as follows:
a. Initial legal consultation for COUNTY consumers who have need of
securing proper advice as to how to proceed with their particular problem. COUNTY
requires pre-approval of the charges for this consultation.
b. Legal representation for COUNTY consumers. In this case, the
CONTRACTOR must submit in writing to COUNTY an estimate of the amount of
time to be involved in this case and a “not to exceed” cost of this representation.
COUNTY requires pre-approval of the charges for this representation.
c. Preparations of simple wills, powers of attorney and living wills for
COUNTY consumers. This service will be limited to low-income individuals as
determined by COUNTY. COUNTY requires pre-approval of the charges for this
representation. The COUNTY understands that CONTRACTOR may need to decline
a referral if a conflict of interest involving the referred person is uncovered.
9. It is agreed by both parties that the within Agreement supersedes any and all
current or prior contracts between the parties for this service.
10. Either party may terminate the within Agreement at any time, with or without
cause, by providing the other party at least 30 days’ advance notice in writing of such party’s
termination of the same.
11. No variation or modification of this Agreement and no waiver of its provision
shall be valid unless in writing and signed by duly authorized officers of COUNTY and the
CONTRACTOR.
12. The Provisions of the General Terms and Conditions (GTC) Section of the PDA
Older Adult Services Grant Agreement with COUNTY, regarding Nondiscrimination and
Sexual Harassment are attached hereto and incorporated herein by reference thereto.
13. The CONTRACTOR agrees that if required pursuant to the Pennsylvania Right-
To-Know Law, Act 3 of 2008, and/or The Franklin County Right-To-Know Policy,
information required to be made available to a Requestor will be provided to Franklin
County’s Right-To-Know Officer in a manner consistent with the aforesaid law and/or policy,
and within the applicable time periods for response unless prevented by attorney/client
privilege or other applicable law.
14. No party shall be liable or responsible to the other party, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in fulfilling or preforming
any term of this Agreement when and to the extent such failure or delay caused by or results
from force majeure events including, but not limited to, acts of God, flood, fire, earthquake
or explosion; war, invasion, hostilities (whether war is declared or not), terroristic threats or
acts, riot or other civil unrest; government order or law; action by government authority;
national, regional or local emergency; outbreak of an epidemic, pandemic, plague, disease, or
illness that triggers containment or restrictive measures in the form of government action,
government order, or international, national or regional emergency or quarantine; or any other
similar events beyond the reasonable control of the party impacted by the Force Majeure
Event. In light of any force majeure event, temporary amendments to existing Agreement may
be necessary.
15. It is understood that CONTRACTOR currently has professional liability
insurance in the amount of $1,000,000. CONTRACTOR agrees to maintai n said coverage
throughout the term of this Agreement and to provide proof of the same yearly to the Director
of Franklin County Area Agency on Aging. This Agreement shall be binding upon and inure
to the benefit of the heirs, successors and assigns of the parties hereto.
16. That the within Agreement shall be construed, interpreted and applied in
accordance with the laws of the Commonwealth of Pennsylvania. All claims arising
hereunder shall be brought, if at all, in the Court of Common Pleas for the Thirty-Ninth
Judicial District of Pennsylvania-Franklin County Branch.
17. The parties hereto agree that the COUNTY shall have the right to assign the
within Agreement to a nonprofit corporation created by COUNTY without requiring the prior
consent of or notice to any other party to the within Agreement.
18. The Agreement constitutes the entire agreement between COUNTY and
CONTRACTOR with respect to the subject matter hereof and there are no other written or
oral agreements with respect hereto.
IN WITNESS THEREOF, the parties thereto have caused this AGREEMENT to be
executed by their officials thereunto duly authorized.
For County of Franklin:
______________________________ Date _________________________
Dean A. Horst, Chairman
______________________________ Date _________________________
John T. Flannery, Commissioner
______________________________ Date _________________________
Robert Ziobrowski, Commissioner
For the Contractor:
______________________________ Date _________________________
Signature
Rhodia D. Thomas (Apr 22, 2026 13:25:31 EDT)
Rhodia D. Thomas 04/22/2026