§ 26B-6-105 — Powers and duties of area agencies -- Registration as a limited purpose entity.

(1) An area agency that provides services to an aged person, or a high risk adult shall within the area agency's respective jurisdiction:

(1)(a) advocate by monitoring, evaluating, and providing input on all policies, programs, hearings, and levies that affect a person described in this Subsection (1);
(1)(b) design and implement a comprehensive and coordinated system of services within a designated planning and service area;
(1)(c) conduct periodic reviews and evaluations of needs and services;
(1)(d) prepare and submit to the division plans for funding and service delivery for services within the designated planning and service area;
(1)(e) establish, either directly or by contract, programs licensed under Chapter 2, Part 1, Human Services Programs and Facilities;
(1)(f) (1)(f)(i) appoint an area director;
(1)(f)(ii) prescribe the area director's duties; and
(1)(f)(iii) provide adequate and qualified staff to carry out the area plan described in Subsection (1)(d);
(1)(g) establish rules not contrary to policies of the board and rules of the division, regulating local services and facilities;
(1)(h) operate other services and programs funded by sources other than those administered by the division;
(1)(i) establish mechanisms to provide direct citizen input, including an area agency advisory council with a majority of members who are eligible for services from the area agency;
(1)(j) establish fee schedules; and
(1)(k) comply with the requirements and procedures of:
(1)(k)(i) Title 11, Chapter 13, Interlocal Cooperation Act; and
(1)(k)(ii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
(2) Before disbursing any public funds, an area agency shall require that all entities receiving any public funds agree in writing that:

(2)(a) the division may examine the entity's program and financial records; and
(2)(b) the auditor of the local area agency may examine and audit the entity's program and financial records, if requested by the local area agency.
(3) An area agency on aging may not disburse public funds to a personal care attendant as payment for personal services rendered to an aged person or high risk adult, except as provided in Section 26B-6-107.
(4) (4)(a) For the purpose of providing services pursuant to this part, a local area agency may receive:
(4)(a)(i) property;
(4)(a)(ii) grants;
(4)(a)(iii) gifts;
(4)(a)(iv) supplies;
(4)(a)(v) materials;
(4)(a)(vi) any benefit derived from the items described in Subsections (4)(a)(i) through (v); and
(4)(a)(vii) contributions.
(4)(b) If a gift is conditioned upon the gift's use for a specified service or program, the gift shall be used for the specific service or program.
(5) (5)(a) Area agencies shall award all public funds in compliance with:
(5)(a)(i) the requirements of Title 63G, Chapter 6a, Utah Procurement Code; or
(5)(a)(ii) a county procurement ordinance that requires procurement procedures similar to those described in Subsection (5)(a)(i).
(5)(b) (5)(b)(i) If all initial bids on a project are rejected, the area agency shall publish a new invitation to bid.
(5)(b)(ii) If no satisfactory bid is received by the area agency described in Subsection (5)(b)(i), when the bids received from the second invitation are opened the area agency may execute a contract without requiring competitive bidding.
(5)(c) (5)(c)(i) An area agency need not comply with the procurement provisions of this section when it disburses public funds to another governmental entity.
(5)(c)(ii) For purposes of this Subsection (5)(c), "governmental entity" means any political subdivision or institution of higher education of the state.
(5)(d) (5)(d)(i) Contracts awarded by an area agency shall be for a:

(5)(d)(i)(A) fixed amount; and
(5)(d)(i)(B) limited period.
(5)(d)(ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in available funding for the same contract purpose without competition.
(6) Local area agencies shall comply with:

(6)(a) applicable state and federal:
(6)(a)(i) statutes;
(6)(a)(ii) policies; and
(6)(a)(iii) audit requirements; and
(6)(b) directives resulting from an audit described in Subsection (6)(a)(iii).
(7) (7)(a) Each area agency shall register and maintain the area agency's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(7)(b) An area agency that fails to comply with Subsection (7)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.

Legislative History

Renumbered and Amended by Chapter 308, 2023 General Session