HomeMy WebLinkAbout20030034.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, 2003, and ending December 31, 2003, 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 6th day of January, A.D., 2003, nunc pro tunc January 1, 2003.
BO RD OF COUNTY COMMISSIONERS
41
A W COUNTY CO ADO
ATTEST: L �;4 J £ E IL `
Tt�a 99 �y .. �.: i on Ch it
Weld County Clerk to the �if- ��,;�� \ ) ?k.
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�#'`',�� �obert D. Masden, Proem
BY: a/t_ •
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Deputy Clerk to the Boa'�Z 1 * \ � EXCUSED
M. J.)Geile
APPR ED AS C T9-F •, 'Li i vi, e
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William. . Jerke
ounty Attorney
Glenn Vaa
/
Date of signature: /4,..
2003-0034
SS0030
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ATTY-FY03-0001
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-January 6, 2003, 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 1,2003 through December 31,2003 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.
Page 1 of 5
(.9,003- 31/
ATTY-FY03-0001
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 Department 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:
(1) 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.
Page 2 of 5
ATTY-FY03-0001
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 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 may be 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 Depar tment 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.
Page 3 of 5
ATTY-FY03-0001
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 Depai tment 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.
Page 4 of 5
ATTY-FY03-0001
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.
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
/(�(` �t i 127 .plc_
race Barker ' Date Judy . Grie , Direct r Date
Weld County Attorney
915 10°"Street
Greeley, CO 80631
303-356-4000
ATTEST: jate, BOARD OF COUNTY COMMISSIONERS
6
F` WELD COUNTY, COLORADO
Weld County Clerk to"lie$yard
•
BY:f" ie, <e. i C/� / la oZoc
Deputy Clerk to the Boack'r, pace-\\ David E. Long, Chair Date
Page 5 of 5
,72003-O035/
ATTY-FY03-0001
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 $100.32 75 $ 7,524.00
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. Assistance County
Attorneys $100.32 150.00 $15,048.00
2. Jim Pope $46.07 N/A $95,823.15
3. Linda Goff $40.14 N/A $83,494.55
4. Arly Miner $27.89 1040.00 $29,000.63
C. Total Personnel Costs - $ 230,890.30
ATTY-FY03-0001
Exhibit II
AGREEMENT BUDGET
FOR PERIOD OF January 1, 2003 THROUGH December 31, 2003
1. Services or Personnel costs, including employee benefits: $230,890.30
a. General Service $22,572.00
b. Jim Pope $95,823.15
c. Linda Goff $83,494.55
d. Arly Miner $29,000.63
2. Travel $ 1,000.00
3. Training Costs $ 1,500.00
4. Operating Costs $ 0.00
5. Specific actual costs $ 2,000.00
a. Westlaw Fees $1,600.00
b. Office Space $ 0.00
c. Capital Outlay $ 0.00
d. Other-Licensing Fee $ 400.00
TOTAL COSTS $235,390.30
shrfillot
f: DEPARTMENT OF SOCIAL SERVICES
PO BOX A
-.- - GFtEELEY,CO 80632
111
' WEBSITE:www.co.weld.co.us C _ ,
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
COLORADO
MEMORANDUM
TO: Glenn Vaad, Chair Date: December 30, 2002
Board of County Commissioners
•
FR: Judy A. Griego, Director, Social Services- Al:tl;\C/1
RE: Child and Adult Protection Agreement for Legal Services
Enclosed for Board approval is the Child and Adult Protection Agreement for Legal
Services between the Weld County Attorney and the Weld County Department of Social
Services (Department). The Agreement was discussed and reviewed at the Board's Work
Session of December 30, 2002.
The major provisions of the Agreement are:
1. The term of the Agreement is Calendar Year 2003.
2. The Weld County Attorney agrees to provide legal services related to child and
adult protection and to other Department matters requiring compliance with
Federal and State regulations.
3. The Department agrees to reimburse the Weld County Attorney an amount not to
exceed $235,390.30.
If you have any questions, please telephone me at extension 6510.
2003-0034
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