HomeMy WebLinkAbout20043562.tiff RESOLUTION
RE: APPROVE CHILD AND ADULT PROTECTION AGREEMENT FOR LEGAL SERVICES
AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY ATTORNEY
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 Child and Adult Protection Agreement for
Legal Services 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 Social Services,and Weld County
Attorney, commencing January 1, 2005, and ending December 31, 2005, 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,ex-officio Board of Social Services,that the Child and Adult Protection Agreement
for Legal Services 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 Social Services,and Weld
County Attorney 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 22nd day of December, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
,,�� ice, WELD COUNTY, COLORADO
Iasi 1� Robert D. Masden, Chair
•; _;%4 - • ,!Clerk to the Board
W InSv /n
• / \``%� William H. erke, Pro-Tem
% ^-1' L .A. /4 .
Deputy Clerk t. the :oard
M. J Ile
R ED AS RM:
David E. Long
ounty Aft rney
enn Va
�Date of signature: � �
2004-3562
SS0031
SL3/44.4%:
DEPARTMENT OF SOCIAL SERVICES
P.O. A
BOX
GREELEY, CO. OX
Website:www.co.weld.co.us
111k
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
COLORADO MEMORANDUM
TO: Robert D. Masden, Chair Date: December 20, 2004
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services,; Ct. 'RE: Child and Adult Protection Agreement for Legal Services Between the
Weld County Department of Social Services and Weld County Attorney
Enclosed for Board approval is a Child and Adult Protection Agreement for Legal Services
between the Weld County Department of Social Services (Department) and the Weld County
Attorney. The Agreement was discussed and reviewed at the Board's Work Session of December
20, 2004.
The major provisions of the Agreement are:
1. The term of the Agreement is for Calendar Year 2005.
2. The Weld County Attorney will assist the Department in providing legal services
necessary to comply with state laws and regulations concerning care for children and
adults including court action necessary to the well-being of children and adults that the
Department has custody over.
3. The Department agrees to reimburse the Weld County Attorney a maximum of
$293,429.31.
4. The source of funding is Child Welfare and County Administration funding.
If you have any questions,please telephone me at extension 6510.
2004-3562
ATTY-FY-05-0005
CHILD AND ADULT PROTECTION AGREEMENT FOR LEGAL SERVICES
BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND WELD COUNTY ATTORNEY
This Agreement is executed as of December ,2004,by and between Bruce Barker,County Attorney(hereinafter
referred to as"Contractor")and the Weld County Department of Social Services(hereinafter referred to as"Department):
This Agreement shall be in effect from January 1, 2005 through December 31, 2005, but not to exceed twelve (12)
months.
The Department desires to enter into an Agreement with the Contractor to:
1) Assist the Department in providing the services necessary to comply with state regulations concerning
care for children and adults.
2) Assist the Department with court action necessary to the well-being of children and adults in the
county and children and adults that the Department has custody over.
3) Assist the Department to comply with Federal and State regulation in other related Department
matters.
The Contractor desires to enter into such an Agreement with Department;
The Department and Contractor therefore agree as follows:
1. Scope of Services
Legal services shall be provided to the Department by the Contractor in compliance with state laws associated
with the protection of children and adults.
2. Personnel
The Contractor shall identify all personnel by title who shall provide services pursuant to this Agreement as set
forth in Exhibit I,entitled"Computation of Personnel Costs for Services",a copy of which is attached hereto
and made a part hereof by reference.
The addition or deletion of personnel listed in Exhibit I of this Agreement will be accomplished by a
memorandum with an updated Exhibit I submitted by the Contractor,within ten(10) days of any changes of
positions,to the Department and subject to approval of the Executive Director,Colorado Department of Social
Services or designee. The new Exhibit I will comply with the requirements of this Paragraph 2.
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ATTY-FY-05-0005
3. Payment
a. Payment shall be made on the basis of Exhibit II, entitled "Agreement Budget", a copy of which is
attached. The 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 Contractor shall submit itemized monthly billings to the Depaitrnent for costs incurred pursuant to
this Agreement in accordance with the rules and regulations of the Colorado Department of Social
Services. The Contractor shall submit all itemized monthly billings to the Department no later than the
last day of the month following the month the cost was incurred. Billings shall be signed by the
Contractor.
c. Payment to the Contractor shall be made monthly by the Department upon receipt of an itemized
billing as follows:
(I) Personal Services Costs
Actual costs(wages or salaries and employee benefits)determined by multiplying the number of hours
worked by the Attorney and his/her employees to provide services under this Agreement by their
actual hourly rates including employee benefits.
(2) Travel
Actual charges for travel related to providing services under this Agreement must receive prior written
approval by the Department in order to be reimbursed. Reimbursement for Contractor and staff time
spent in traveling shall be negotiated between the Contractor and the Department.
(3) Training
Actual charges for travel for reasonable and essential short-term training for the Contractor.
Reimbursement for Contractor and staff time spent in training shall be negotiated between the
Contractor and the Department.
4. Duties of the Department
The Department shall provide the Contractor with all pertinent information available to the extent that such
information is relevant to the services to be performed pursuant to this Agreement.
5. Termination for Convenience or for Cause
This Agreement may be terminated with or without cause by either party upon written notice of at least thirty
(30)days citing the reasons for termination. Upon such termination,the Contractor shall furnish to the
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ATTY-FY-05-0005
Department, as property of the Department, all property, records and pertinent information, which the
Department provided under this Agreement. When the Contractor provides said property, records and
information to the Department,the Department shall pay the Contractor for actual costs incurred through the last
day of this Agreement.
6. Amendment
This Agreement may be amended in whole or in part by mutual consent,provided that said amendment shall be
reduced to writing,properly executed and made a part of this Agreement. This Agreement maybe modified due
to budget limitations.
7. Reports, Records,and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado 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 Colorado
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
Colorado Department of Social Services. The Contractor shall make financial program progress and other
reports as requested by the Department or Colorado Department of Social Services.
8. Equipment Purchased with Federal, State and County Money
Title to all equipment acquired by the Contractor under this Agreement at a cost of$500 or more for which the
Contractor is reimbursed by the Department shall vest in the Department. Upon termination of this Agreement,
the Department may require the Contractor to deliver to the Department any such equipment acquired for the
performance of this Agreement.
9. Confidentiality
Information provided by the Department for the purpose of this Agreement shall be used only for the purpose
intended and in accordance with federal and state laws and regulations.
10. Safeguarding Information
The Contractor shall provide for the security of information collected pursuant to this Agreement and as
provided in the rules and regulations of the Colorado Department of Social Services.
11. Political Activities
None of the funds,materials,property,personnel or services contributed by the United states,the Colorado
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ATTY-FY-05-0005
Department of Social Services or the Department 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.
12. Compliance with Applicable Laws
The Contractor shall at all times during the execution of this Contract strictly adhere to all applicable federal
and state laws and implementing regulations as they currently exist and may hereafter be amended. The
Contractor acknowledges that the laws include Title VI and Title VII of the Civil Rights Act of 1964,Section
504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Age Discrimination in
Employment Act of 1967, the Equal Pay Act of 1963 and the Education Amendments of 1972, and all
regulations applicable to these laws prohibiting discrimination because of race,color,national origin,handicap,
age, sex and religion.
13. Studies and Investigations
All official reports of cases,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.
14. Subcontracts
No subcontract shall be made by the Contractor 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 Contractor shall be responsible for contract performance and compliance with the terms and
conditions of this Agreement. The Contractor shall select subcontractor on a competitive basis to the maximum
practical extent consistent with the objectives and requirements of this Agreement.
15. Responsibilities and Conduct of Individuals
The Contractor is solely responsible for the conduct of individuals employed by and under the direct
supervision or control of the Contractor.
16. Special Attorney
The Contractor or the Department may determine that the Contractor has a conflict of interest which will
prevent the Contractor from being able to fulfill and complete all the terms of this Agreement. Upon such a
determination,the Department is authorized to hire a special attorney to fulfill and complete such duties. The
special attorney shall be given and act under the same powers as the Contractor hired under this Agreement.
The special attorney shall receive payment for services from the Contractor for the expense.
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•
ATTY-FY-05-0005
17. Attorney Appearance
To the extent reasonable and practicable,and consistent with applicable state regulations,the Contractor agrees
to appear in proceedings before the courts of this County on behalf of other county departments when
authorized by the Department.
The Department and Contractor have therefore caused this Agreement to be executed by their respective officers,duly
authorized to do so.
CONTRACTOR: Weld County Department of
Social Services
I 30101
B ce arcer Date Ju y . Gpe , Director Date
Weld County Attorney
915 10th Street
Greeley,CO 80631
-356-4000
7citr-ta / BOARD OF COUNTY COMMISSIONERS
y���//�/q� WELD COUNTY, COLORADO
F�" Ad/a%
f Weld Cpun4- lerk to the Board
•
1✓'"\� �
By:
�� DEC 2 2 2004D Deputy Clerk to the oard Date Robert D. Masden, Chair Date
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cRoe<1- 35go?
ATTY-FY-05-0005
Exhibit I
COMPUTATION OF PERSONNEL COSTS FOR SERVICES
A. Supervisor
List the official title of the person who will set personnel policies, appoint new employees and will otherwise
exercise supervisory authority for services to be provided under this Agreement. Also include his/her actual
hourly rate including employee benefits, the estimated number of his/her hours to be charged under this
Agreement,and estimated cost.
Actual Hourly Estimated Estimated
Title Rate Hours Cost
Bruce T. Barker $118.11 75 $ 8,858.25
County Attorney
B. Personnel
List their official title of all personnel who will be providing services under this Agreement. Also include his/her
actual hourly rate including employee benefits,the estimated number of his/her hours to be charged under this
Agreement, and estimated cost.
Actual Hourly Estimated Estimated
Title Rate Hours Cost
1. Assistant County
Attorneys $118.11 150.00 $17,716.50
2. Jim Pope $49.85 N/A $103,693.70
3. LeeAnn Reigrut $42.04 N/A $87,453.00
4. Dea Wheeler $33.65 N/A $69,982.86
C. Total Personnel Costs- $287,704.31
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ATTY-FY-05-0005
Exhibit II
AGREEMENT BUDGET
FOR PERIOD OF January 1, 2005 THROUGH December 31,2005
1. Services or Personnel costs, including employee benefits: $287,704.31
a. General Service $26,574.75
b. Jim Pope $103,693.70
c. LeeAnnReigrut $87,453.00
d. Dea Wheeler $69,982.86
2. Travel $ 1,000.00
3. Training Costs $ 1,500.00
4. Operating Costs $ 0.00
5. Specific actual costs $ 3,225.00
a. Westlaw Fees $1,600.00
b. Office Space $ 0.00
c. Capital Outlay $ 0.00
d. Other- Licensing Fee $1,625.00
TOTAL COSTS $293,429.31
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