HomeMy WebLinkAbout841098.tiff RESOLUTION
RE: PURCHASE OF LEGAL SERVICES AGREEMENT BETWEEN WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES , WELD COUNTY COMMISSIONERS
AND JIM L. POPE AND AUTHORIZATION FOR CHAIRMAN TO SIGN
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 Weld County Department of Social Services and
Jim L. Pope 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 and those otherwise eligible but not receiving an assistance
payment 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 , such an agreement has been prepared and presented
to the Board of County Commissioners for approval, a copy of
said agreement being attached hereto and incorporated herein,
and
WHEREAS , the Board, after studying said agreement with
Jim L. Pope, 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 the Weld County Department of Social
Services , Weld County Board of County Commissioners and Ji -t L.
Pope be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign said Agreement.
SS 00c: c 841098
Page 2
RE: LEGAL SERVICES AGREEMENT-POPE
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 18th day of
June, A.D. , 1984 .
�t�- BOARD OF COUNTY COMMISSIONERS
ATTEST( /y 1Zvw.4.444 Glir,/ WELD COUNTY, COLORADO
Weld County°fClerk and Recorder g r—.,..s... _ C2,02-*+c q
+o---
and Clerk to the Boar Norman Carlson, Chairman
/ . �
Deputy County Clerk J• u_,ine io nson, Pro-Tem
jj �J !/ I
APPROVED AS TO FORM: D /�/ 6 �'
Gene R. Brant
A__,_
C nttorney
/ C ck Carlsondn
cnJ T. Martin
Contract Number
(State Use Only)
PURCHASE OF LEGAL SERVICES AGREEMENT
WELD County
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of May 21 , 1984 by and
between Jim L. Pope hereinafter ( "Services
Provider") 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 Ac .
45 CFR Parts 232, 301 , 302, 303, 304 , 305, and 26-13-101 et. seq. , C.R.S. 1E
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 Services
Provider to: 1 ) assist the Department in providing the services necessary
to establish paternity, establish support obligations, and secure support
for children receiving AFDC and those 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 Services Provider is desirous of entering into such an agreemed_
with the Department;
Now, THEREFORE: The Department and Services Provider, in consideration
of the promises and mutual covenants as hereinafter contained, do hereby
agree as follows:
1 . Scope of Services
Services shall be provided to AFDC grant recipeints and to non-AFDC
individuals upon application by the Services Provider in compliance
with Exhibit I entitled, Scope of Services, a copy of which is attached
hereto and made a part hereof by reference .
2. Duration of Agreement
This agreement shall be in effect from May 21 19 84 ,
through December 31 , 1984 , 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 data 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 state department
is obtained.
S. 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 pertinent information which the Department
provided under this agreement. When the attorney provides said 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
C -ado, the Colorado Department of Social Services, the Executive
Director, or his designee, are not parties of the agreement.
S. 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 or State Department
of Social Services.
9. Equipment Purchased with Federal, State and County Money
Equipment with an acquisition cost of less than $300 may be purchased by
the Attorney pursuant to this agreement. Equipment with an acquisition
cost of $300 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
futherance 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. S-itions 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 duly 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.
& M P��� Ø-
Director ��
2tV 3 6. y tot c * iefiy
orney Date Member County Board of
Social Services Date
_ * 6//fy
M mbe ounty B a\'
ocial Servcies Date
APPROVED: STATE OF COLORADO SOPS
RICHARD D. LAMM, GOVERNOR „ /f SOPS—ember County Board of
Social Services Date
4c:titio. S ,// _ * V/ii,/
utive Director // Date ember Coun y Board of
Colorado Department of ocial Social Services Date
Services
ATTEST: till77`//22 * C/�/7
ber County Board of Date
WELD C CLERK TO AND RECORDER ocial Services
AND �LLh:. THE �RD
By ....._,. 3 )( oft,( 1., - L 1`1re`A' -'
D:nut County Clerk
*If the Board of Social Services resolves to empower the Chairman
of the Baord 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. (_] [_] INTAKE - Activities associated with initial child
support case opening and information collection.
2. (_] [_] LOCATE - Activities associated with locating an absent
parent and assets of the absent parent.
3. ( V] ( ✓] FINANCIAL ASSESSMENT - Activities related to
determining an absent parent's ability to provide
/ support.
4. [ 14' [ 4 PARENTAGE DETERMINATION - Activities related to
determining the parentage of dependent children (CRS
19-6-101, et seq, 14-5-128) .
5. [ ✓) [ ✓] 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. ( ✓] ( 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. ( ✓J [_) URESA - Activities related to child support
enforcement reciprocal support actions (14-5-101, et
seq) .
8. (_] 1_I COLLECTION - Activities related to monitoring support
payments and processing cash flow pursuant to the
Finance Staff Manual requirements.
9. 1 I/1 ( " ] ENFORCEMENT - Activities to enforce the collection of
support including, but not limited to, obtaining
judgmer` - (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
10. (_I (_I INVESTIGATION - Activities related to investigation
necessary to accomplish child support enforcement
functions.
11. ( ✓I [ 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:
EXHIBIT II
PURCHASE OF LEGAL SERVICES AGREEMENT HOURLY RATE
The rate to be charged for attorney time under this agreement is
S 9.94 per hour.
$1 ,730.00 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 May 21 1984 THROUGH December 31 1984
1. Attorney Costs
174 hours x $ 9.94 per hour
$ 1 ,730.00
2. Travel Costs (itemize by purpose)
$
3. Training Costs (itemize)
4. Specific Direct Costs (itemize)
S. Other expenses (itemize)
Total Costs $ 15,749.00
EXHIBIT IV
PURCHASE OF LEGAL SERVICES SPECIAL PROVISIONS
Mr. Pope will have an office within the Child Support Enforcement
Unit at the Weld County Department of Social Services, 315 N. 11th Ave. ,
Greeley, Colorado 80631 .
He is hired with the expectation that 70% of his time will be
as Staff Attorney to represent the Office of Child Support Enforcement.
r
" DEPARTMENT OF SOCIAL SERVICES
1816 s
RICHARD D. LAMM 1575 SHERMAN STREET
GOVERNOR DENVER, COLORADO 80203 GEORGE S. GOLDSTEIN, Ph.D.
Executive Director
July 20, 1984
Chuck Carlson
Weld County Commissioner
P.O. Box 758
Greeley, Colorado 80632
Dear Mr. Carlson:
The Purchase of Legal Services Agreement between the Weld County Department of
Social Services and Jim L. Pope, for the provision of legal services in
support of the Child Support Enforcement Program is approved by the State
Department.
Sincerely,
Rita A. Barreras , Director
Income & Support Services Division
RAB/jmw
Enclosure
cc: Eugene McKenna
Jim L. Pope
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