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RESOLUTION
RE: APPROVAL OF LEGAL SERVICES AGREEMENT (NON IV-D) BETWEEN THE
WELD COUNTY ATTORNEY AND THE WELD COUNTY DEPARTMENT OF SOCIAL
SERVICES AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME.
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, a legal services agreement (non IV-D) between
the Weld County Attorney and the Weld County Department of Social
Services has been prepared and presented to the Board of County
Commissioners, and -
WHEREAS, the term of said agreement shall be from January 1,
1981 to December 31, 1981, and
WHEREAS, the Board of County Commissioners, after studying
said agreement, deans it advisable to approve ,the same.:
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the legal services
agreement (non IV-D) between the Weld County Attorney and the
Weld County Department of Social Services be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
4.
of Weld County, Colorado that the Chairman of the Board 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 28th day of
January, A.D. , 1981.
ATTEST:
it BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
wel ountyt Clerk and Recorder �.�
d C1 rk to the at C ckyCa�n, Chairman
.' S — C
(By:
�' A
' Deputy Coun Jerk Norman Carlsonn, Pro-Tem
A .
D AS TO FORM: i �t17
C. W. Kirby I
ya..�
County Attorney t , ocfX,
T. Martin
297.2?t
e K. Stark
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8107s7
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DATE PRESENTED: JANUARY 28, 1981
LEGAL SERVICES AGREEMENT
(Non-IV-D)
THIS AGREEMENT is made and entered into this a day
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of by and between THE WELD COUNTY ATTORNEY,
hereinafter referred to as "Attorney" and THE WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES, hereinafter referred to as
"Department. "
WITNESSETH:
WHEREAS, Department desires to enter into an Agreement
with Attorney to act as legal attorney and consultant to the
staff of Department for the benefit and purposes of Depart-
ment'.s programs and _responsibilities, and
WHEREAS, Attorney is desirous of entering into such an
Agreement with the Department.
NOW, THEREFORE, the Department and Attorney, in considera-
tion of the mutual promises and covenants contained herein,
do hereby agree as follows:
1. Scope of Services.
Services to be provided by Attorney include interpre-
tation for Department's: staff of the Children's
' Code and other Colorado laws relating to children,
representation of Department in legal actions
concerning the Children's Code and other matters,
representation of Department at administrative
appeals where such representation is requested by
Department, and such other and further functions
as are usually and necessarily performed by a
legal attorney and consultant for a county Social
Services Department.
2. Term of Agreement.
This Agreement shall be in effect from January 1,
1981 to and until December 31, 1981.
•
3. Compensation.
• A. Amount.For the above services, Department hereby
agrees to pay Attorney a fee based on the
number of hours which Attorney devotes to
Department's business . The hourly rate for
such services shall be $28. 63. This hourly
rate is based upon the actual costs of pro-
viding such services to Department. This •
hourly rate shall include all overhead
charges and charges for the ancillary ser-
vices of typists, secretaries, paralegals and
other personnel, as well as all charges for
•
indirect costs as allowed by Federal Manage-
ment Circular FMC 74-4.
B. Schedule.
Payment shall be made monthly upon receipt of
an itemized billing for reasonable costs
incurred pursuant to this Agreement. "Rea-
sonable costs'" is defined as the number of
hours worked 'by Attorney multiplied by the
hourly rate specified above. Direct charges
may be included for other costs such as
travel, training, filing fees, long distance
telephone calls, blood tests , polygraph
tests , expert witness fees and. transcripts .
C. Limitation of Expenditures.
Expenditures hereunder shall be limited to •
•
$66, 000. 00 as allocated by the Colorado
Department of Social Services and approved by
the Weld County Board of County Commissioners .
4. Cancellation, Termination and Amendments .
This Agreement may be terminated, cancelled or
revoked by either party upon written notice of at
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•
least thirty (30) days. This Agreement may be
amended in whole or in part by mutual consent
provided that said amendment is reduced to .writing,
properly executed and made a part of this Agreement.
5. Reports, Records and Retention Periods.
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 expended. These records
shall 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 shall
be retained for five (5)_ years after the expiration
of this Agreement unless permission to destroy
them is granted by the State Department of Social
Services.
6. Confidentiality.
Information provided by the County Department of
Social Services in: furtherance of the aims and
purposes of this Agreement will be used only for
the purposes intended and in accordance with
federal and state laws and regulations.
7. 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 candi-
date for public office in a manner which would
constitute a violation of 5 U.S.C. §501, et seq.
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8. Religious Activity.
There shall be no religious worship., -instruction
or proselytization as part of, or in connection •
with, the performance of this Agreement.
9. Non-Discrimination.
In connection with the performance of services
under this Agreement, Attorney agrees to comply
with the provisions of the laws of Colorado, the
Civil Rights Act of 1964 , as amended, the regula-
tions of the Department of Health, Education and
Welfare issued pursuant to that Act, and the
provisions of Executive Order No. 11246, Equal
Employment Opportunity, dated September 24, 1965,
as amended.
10. Studies and Investigations.
All official reports made as a result of this
Agreement shall acknowledge the support provided
by Department.
11. Federal and State Laws and Regulations.
This Agreement -shall be performed in compliance -
with all Federal statutes and regulations and
amendments thereto and the rules and regulations
of the State Department of Social Services, as
amended.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers.
WELD COUNTY DEPARTMENT OF SOCIAL WELD COUNTY ATTORNEY
SERVICES
By:Euge I��/L� a
McKenna, erector Tho s O. David
ATTEST2A�t/ � BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
a Cle to the Bo
BY: .e-2
By: Chuck Carlso , Chairman
eputy Count erk
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