HomeMy WebLinkAbout830112.tiff RESOLUTION
RE: APPROVE PURCHASE OF LEGAL SERVICES AGREEMENT BETWEEN WELD
COUNTY DEPARTMENT OF SOCIAL SERVICES, WELD COUNTY, COLORADO
AND BRUCE T. BARKER
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 Weld County Department of Social Services is
responsible for the development and implementation of a program
to secure support and establish paternity for children receiving
AFDC benefits, and those otherwise eligible but not receiving
an assistance payment grant, and
WHEREAS, the Veld County Department of Social Services and
Bruce T. Barker desire to enter into an agreement to: 1) assist
the Department of Social Services in providing the services
necessary to establish paternity and secure support for children
receiving AFDC benefits, and those otherwise eligible but not
receiving an assistance payment grant within the meaning of
Federal regulations pertaining thereto; and 2) assist in other
matters of common concern to the Department of Social Services ,
and
WHEREAS, an agreement between the Department of Social Ser-
vices, Weld County, Colorado and Bruce T. Barker has been prepared
and presented to the Board of County Commissioners for its approval,
a copy of said agreement being attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review of said agreement, the Board
deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Purchase of Legal
Services Agreement between Weld County Department of Social Ser-
vices, Weld County, Colorado and Bruce T. Barker be, and hereby
is, approved.
6 .5490619 830112
A ' -At/ C_ �
Page 2
RE: LEGAL SERVICES AGEEEMENT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
November, A.D. , 1983.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
ATTEST: tivfw.-`"4d �12�.wat! Chuck Carlson, Chairman
44.
Weld County Clerk and Recorder J T. Mart��Pro Tem
and Clerk to the B ra ) 0 �k{-f&
Anie
BC-44-$S. �-- Gene R. Brantner
l
(Deputy County Clerk "7 -
PP AS TO F Norman Carlson
CounAttorney Jo
qu the nson
DATE PRESENTED: NOVEMBER 14, 1983
•
s
*A *
* * DEPARTMENT OF SOCIAL SERVICES
J8 q•
1575 SHERMAN STREET
RICHARD D. LAMM DENVER, COLORADO 80203 GEORGE S. GOLDSTEIN, Ph.D.
GOVERNOR Executive Director
November 23, 1983
Mr. Chuck Carlson , Chairperson
County Board of Social Services
315 N. Eleventh Avenue
Greeley, Colorado 80631
Dear Mr. Carlson:
The purpose of this letter is to inform you that the Purchase of Legal
Services Agreement between Bruce T. Barker and the Weld County Depart-
ment of Social Services for the provision of legal services to the child
support enforcement program has been approved by this office.
Sincerely,
enneth K. Muroya, Chief
Bureau of Local Administration
KKM:jmw
Enclosure
cc: Eugene McKenna
Bruce Barker
-- G5ES
Contract Number
(State Use Only)
PURCHASE OF LEGAL SERVICES AGREEMENT
WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of September 16, 1983 by and
between Bruce T. Barker (hereinafter "Attorney")
and the Weld County Department of Social Services
(hereinafter "Department"):
WITNESSETH THAT
WHEREAS, the Department, under Part D of Title IV of the Social Security Act,
45 CFR Parts 232, 301 , 302, 303, 304, 305, and 26-13-101 , et.seq. , CRS 1973, as
amended, has been delegated responsibility for the development and implementation
of a program to secure support and establish paternity for children receiving
AFDC benefits and those non-AFDC individuals upon application for such services,
and
WHEREAS, the Department desires to enter into an agreement with the Attorney
to: 1 ) assist the Department in providing the services necessary to establish
paternity, establish support obligations, and secure support for families
receiving AFDC and for those not otherwise eligible but not receiving an
assistance payment within the meaning of Federal regulations pertaining
thereto upon application for such services. and 2) assist in other child
support enforcement matters of common concern to the Department and the
Attorney, and
WHEREAS, the Attorney is desirous of entering into such an agreement with the
Department;
Now, THEREFORE: The Department and Attorney, in consideration of the promises
and mutual convenants as hereinafter contained, do hereby agree as follows:
1 . Scope of Services
Services shall be provided to AFDC grant recipients and to non-AFDC
individuals upon application by the Attorney in compliance with Exhibit I
entitled, Scope of Services, a copy of which is attached hereto and made
a part hereof by reference.
SOS
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2. Duration of Agreement
This agreement shall be in effect from September 16, 1983 through
December 31 , 1983, but not to exceed twelve (12) months.
3. Renewal
This agreement may be renewed by mutual consent, provided that each
renewal shall be for a period not to exceed twelve (12) months. Each
renewal shall be reduced to writing on Form CSE-5, "Renewal of Agreement"
properly executed, and made a part of this agreement. Said renewals
shall contain appropriate amendments to Exhibit II , "Purchase of Legal
Services Agreement Hourly Rate" ; and Exhibit III, "Purchase of Legal
Services Agreement Budget". Said renewals are expressly made subject
to the approval of the Executive Director, Colorado Department of Social
Services, or his designee; however, the State of Colorado, the Colorado
Department of Social Services, the Executive Director, or his designee,
are not parties to the agreement.
4. Payment
A. Payment shall be made on the basis of Exhibit III , entitled "Purchase
of Legal Services Agreement Budget", a copy of which is attached
hereto and made a part hereof by reference, for services provided
pursuant to Exhibit I . The Purchase of Legal Services Agreement
Budget shall establish the maximum reimbursement which shall be paid
from combined county, State and Federal funds during the duration
of this agreement.
B. The Attorney shall submit itemized monthly billings for reasonable
costs incurred pursuant to Exhibit I of this agreement to the
Department in accordance with the rules and regulations of the State
Department of Social Services. The Department shall pay the Attorney
upon receipt of such billing as follows:
1 ) Reasonable Costs are defined as: The number of hours worked
by the Attorney multiplied by the hourly rate specified in
Exhibit II, "Purchase of Legal Services Agreement Hourly Rate".
This hourly rate shall include all overhead charges and charges
for the ancillary services of typists, secretaries, paralegals,
and other personnel and shall identify such personnel by title
and function.
2) Direct charges for travel related to providing services under
this agreement. All expenditures for out-of-state travel for
which reimbursement is requested must receive prior written
approval of the State Department of Social Services.
3) Direct charges for reasonable and essential short term training
for staff providing services under the agreement. All training
for which reimbursement is requested must receive prior written
approval of the State Department of Social Services.
4) Specific direct charges for other costs related to providing
services under the agreement including filing fees, long distance
telephone calls, blood tests, polygraph tests, expert witness
fees, transcripts, and services purchased from subcontractors.
5) All other expenses must receive prior written approval by the
State Department. These may include, but are not limited to,
capital outlay, automated date processing, lease or purchase
of vehicles and purchase of services from subcontractors.
C. Federal reimbursement of costs incurred pursuant to this agreement
is expressly contingent upon the availability of federal funds.
D. Attorney shall not bill Department for and shall not be reimbursed
for time involved in activities outside of those defined in Exhibit I ,
unless prior written approval of the Department and the State Department
is obtained.
5. Duties of the Department
The Department shall provide the Attorney with all pertinent information
available to the extent that such information is relevant to the services
to be performed pursuant to this agreement.
6. Termination for Convenience
This agreement may be terminated without cause by either party upon
written notice of at least thirty (30) days. Upon such termination,
the Attorney shall furnish to the Department, as property of the
Department, all property, records and pertinint information which the
D partment provided under this agreement. When the Attorney provides
sjfaj property, records and information to the Department, the Department
shall pay the Attorney for reasonable costs incurred through the last
day of this agreement in accordance with clause 4 entitled, "Payment".
7. Amendment
This agreement may be amended in whole or in part by mutual consent,
provided that said amendment be reduced in writing on Form CSE-4,
properly executed and made a part of this agreement. All amendments
are expressly made subject to the approval of the Executive Director,
Colorado Department of Social Services, or his designee; however, the
State of Colorado, the Colorado Department of Social Services, the
Executive Director, or his designee, are not parties of the agreement.
8. Reports, Records, and Retention Periods
The Attorney shall maintain such records as are deemed necessary pursuant
to the State Department of Social Services ' rules to assure a proper
accounting for all costs and funds collected. These records will be made
available for audit purposes to the U.S. Department of Health and Human
Services, the State Department of Social Services, the County Department
of Social Services, or any authorized representative of the State of
Colorado, and will be retained for six (6) years after the expiration of
this contract unless permission to destroy them is granted by the State
Department of Social Services. The Attorney shall make financial , program
progress and other reports as requested by the County of State Department
of Social Services.
9. Equipment Purchased with Federal , State and County Money
Equipment with an acquisition cost of less than $300.00 may be purchased
by the Attorney pursuant to this agreement. Equipment with an acquisition
cost of $300.00 or more may be purchased upon prior written approval by
the State Department and shall be capitalized and depreciated over the
useful service life of the equipment.
10. Confidentiality
Information provided by the County Department of Social Services in
furtherance of the aims and purposes of this agreement shall be used
only for the purpose intended and in accordance with Federal and State
laws and regulations.
11 . Safeguarding Information
The Attorney shall provide for the security of information collected
pursuant to this agreement and as provided in the rules and regulations
of the State Department.
12. Political Activities
None of the funds, materials, property, personnel or services contributed
by the United States, the State Department of Social Services or the
County Department of Social Services under this agreement shall be
used for any partisan political activity, or to further the election
or defeat of any candidate for public office in a manner which would
constitute a violation of 5 U.S.C. Sections 1501 et.seq.
13. Religious Activity
There shall be no religious worship, instruction or proselytization as
part of or in connection with the performance of this agreement.
14. Non-Discrimination
In connection with the performance of services under this agreement the
Attorney agrees to comply with the provisions of the laws of Colorado, the
CIVIL RIGHTS ACT of 1964, as amended, the Regulations of the Department
of Health and Human Services issued pursuant to that Act, the provisions of
Executive Order 11246, EQUAL EMPLOYMENT OPPORTUNITY, dated September 24,
1965, as amended, and Section 504 of the REHABILITATION ACT of 1973, as
amended.
15. Studies and Investigations
All official reports of cases, recoveries, investigations, studies, etc. ,
made as a result of this agreement shall acknowledge the support
provided by the Department of Health and Human Services and Colorado
Department of Social Services.
16. Federal and State Laws and Regulations
This agreement shall be performed in compliance with the Social Security
Act, as amended, the Federal regulations and amendments thereto which
implement the Social Security Act, and the rules and regulations of the
State Department of Social Services, as amended.
17. Subcontracts
No subcontract shall be made by the Attorney with any other party for
furnishing any services contracted for without the prior written consent,
and approval , of the Department. For services provided under any
subcontract, the Attorney shall be responsible for contract performance
and compliance with the terms and conditions of this agreement. The
Attorney shall select subcontractors on a competitive basis to the
maximum practical extent consistent with the objectives and requirements
of this agreement.
18. Special Provisions
The Attorney and Department agree to the special provisions described in
Exhibit IV, entitled, "Purchase of Legal Services Special Provisions", a
copy of which is attached hereto and made a part hereof by reference.
19. Responsibility for Conduct of Individuals
The Attorney is solely responsible for the conduct of individuals
employed by the Attorney, or under the direct supervision of control
of the Attorney, identified in Exhibit II , "Purchase of Legal Services
Agreement Hourly Rate". Governmental functions provided in support of the
Child Support Enforcement program by individuals other than those identified
in Exhibit II are not the responsibility of the Attorney except for
acceptance or rejection of the work product of such individuals.
IN WITNESS WHEREOF
Department and Attorney have caused this agreement to be executed by
their respective officers fuly authorized to do so.
This agreement is expressly made subject to the approval of the Executive
Director, Colorado Department of Social Services, or his designee; however,
the State of Colorado, the Colorado Department of Social Services, the
Executive Director, or his designee, are not parties of the agreement.
ATTEST: F. time ZC?../
WELD COUNTY LERK e 'ECORDER �(j 9th' '
eputy County lcrk j
/ ' ?��( _i� _ y_ _ * 0//y/L93
torney o Da e em er Coun y Board of, a e
Social Services ( ce44.) ,Ks-,>
*
Member County Board of Date
Social Services
APPROVED: STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
*
Member County Board of Date
Social Services
Execu ive ire D to Member County Board of Date
Colorado Depar men of Social Services
Social Services
*
Member County Board of Date
Social Services
* If the Board of Social Services resolves to empower the Chairman
of the Board of Social Services to enter into and sign this agreement
for the County Commissioners then a copy of the Board' s resolution
to do so must be attached.
EXHIBIT I
SCOPE OF SERVICES
Page 1 of 2
A. Services (Check appropriate boxes)
AFDC Non—AFDC
1. 1_1 [_] INTAKE — Activities associated with initial child
support case opening and information collection.
2. 1_1 (_1 LOCATE — Activities associated with locating an absent
parent and assets of the absent parent.
3. (✓ ] 1 FINANCIAL ASSESSMENT - Activities related to
determining an absent parent's ability to provide
support.
4. (j5 [�1 PARENTAGE DETERMINATION - Activities related to
determining the parentage of dependent children (CRS
/ 19-6-101, et seq, 14-5-128) .
5. [ ✓]/ [ V] ESTABLISHMENT OF THE AMOUNT OF SUPPORT - Activities
related to determining the amount of an absent
parent's child support obligation including methods
and terms of payment (CRS 14-10-115, 19-6-116,
�� 19-7-103, 14-5-125) .
6. 06✓) 1 '!1 ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT -
Activities related to determining an absent parent's
legal obligation to support his/her child(ren) (CRS
14-10-115, 19-6-116, 19-7-103, 14-5-125) .
7. [ x!1 [ l!1 URESA - Activities related to child support
enforcement reciprocal support actions (14-5-101, et
seq) .
8. ( ✓1 ( ✓] COLLECTION - Activities related to monitoring support
payments and processing cash flow pursuant to the
,� Finance Staff Manual requirements.
9. ( 1!/1 (V ENFORCEMENT - Activities to enforce the collection of
support including, but not limited to, obtaining
judgments (CRCP Rule 54) , executing post judgment
remedies (such as continuing wage garnishment - CRS
14-14-105 and 13-54-104(3) , CRCP Rule 103, property
liens — CRS 13-52-101, et seq, CRCP Rule 102, CRCP
Rule 69) , and obtaining wage assignments (CRS
14-14-107)
Page 2 of 2
1p. [_1 [_) INVESTIGATION - Activities related to investigation
necessary to accomplish child support enforcement
functions.
11. 0/1/
) 1 ,!7 REPORTING - Activities related to providing
statistical, fiscal, and other records necessary for
reporting and accountability as required by the State
Department and the Department of Health and Human
Services (HHS) .
B. Address(s) and telephone number(s) where services will be provided:
Office of Child Support Enforcement
Weld County Social Services
315 N. 11th Ave. , P.O. Box A
Greeley, CO 80632
EXHIBIT II
PURCHASE OF LEGAL SERVICES AGREEMENT HOURLY RATE
The rate to be charged for attorney time under this agreement is
$ 9.07 per hour
1 ,597.00 per month
This rate includes all overhead charges for the ancillary services of
typists, secretaries, paralegals and other personnel identified by title
and function as follows:
TITLE FUNCTION
Attorney Child Support Enforcement
EXHIBIT III
PURCHASE OF LEGAL SERVICES AGREEMENT BUDGET
FOR PERIOD OF SEPTEMBER 16, 1983 THROUGH DECEMBER 31 , 1983.
1 . Attorney Costs
176 hours x $ 9.07 per hour $1 ,597.00
or $1 ,597.00 per month
2. Travel Costs (itemize by purpose)
Mileage $ 40.00
3. Training Costs (itemize) $
4. Specific Direct Costs (itemize) $
5. Other Expenses (itemize) $
Total Costs $1 ,637.00
EXHIBIT IV
PURCHASE OF LEGAL SERVICES SPECIAL PROVISIONS
Mr. Bruce Barker is a May, 1983 graduate of the Univeristy of
Colorado School of Law. He will soon be licensed to practice law
in the State of Colorado.
1 ) The County of Weld agrees to hire Mr. Barker as a Law Clerk III
effective September 16, 1983 and assign him full time to the Weld
County Child Support Enforcement Office.
2) When Mr. Barker is licensed to practice law in the State of
Colorado, the County of Weld agrees to hire Mr. Barker as an attorney
and assign him full time to the Weld County Child Support Enforcement
Office.
3) Mr. Barker is hired as a Weld County employee and will receive
all fringe benefits and pay raises provided to County employees,
including but not limited to life and health insurance (if he chooses
to participate in that plan) and retirement.
4) Mr. Barker will be under the supervision of the Executive
Director of the Weld County Department of Social Services.
5) Mr. Barker will be physically located within the building
of the Department of Social Services.
6) In the event of illness, vacation or other absence of Mr.
Barker, back-up attorney services shall be provided by the County
Attorney's Office under the existing contract with that office.
Eugen McKenna, Director
September 12, 1983
(jr. •
Bruce T. Barker
695 Manhattan 2
Boulder, CO 33303
Dear iir. Parker.:
I'm pleased that you have accepted employment with our Department.
This is to confirm that you will start in Weld County as a Law Clerk III
with a starting salary of $1 ,030 per month effective September 16, 1983.
Effective with your being accepted to practice law in Colorado, you will
be promoted to an Assistant County Attorney with a starting salary of
$1 ,E57 per month. Your continued employment with Weld County is Continent
upon your admittance to the Colorado Ear and license to practice law in
Colorado.
Your primary assignment is to assist our Child Support Unit. Should this
assignment not consume all your time, your services will be requested to
represent the Department on Child Welfare, public assistance, and general
administrative matters.
Sincerely,
EMcK:rh E n e flcYenna ' irecto?
cc: [avid Huffman, IV-D Administrator,
Department of Social Services
Dave Warden, Weld County Personnel
`!i4 n: 1 t is
float mEmORAnDum
WIID€ To Jackie Johnson, Commissioner Date Septemher 90, 19R?
COLORADO From Gene McKenna, Director, Weld County Department of Social Services
Subject Purchase of Legal $eryiceS Agreement•
SW ld ounty_Department of
Social Services and Bruce T. Barker
Jackie:
Please find attached a contract for child support legal services which involves
Mr. Bruce T. Barker, replacement attorney for the Weld County Department of
Social Services . This agreement is necessary for us to obtain Federal reimbursement
for 70% of Mr. Barker's salary. It is similar to the one that the County Board ap-
proved for Karen Johnson when she was our attorney.
If this meets with your approval , would you please have Tom David look it over and
set it up for Commissioner review and approval . Thank you.
enc.
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