HomeMy WebLinkAbout830929.tiff RESOLUTION
RE: PURCHASE OF LEGAL SERVICES AGREEMENT BETWEEN WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES, WELD COUNTY COMMISSIONERS
AND KAREN JOHNSON 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
Karen Johnson 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, and
WHEREAS, the Board, after studying said agreement with Karen
Johnson, 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 Karen
Johnson be, and hereby is, approved. -
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said Agreement.
8 30 929 t,
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Page 2
RE: LEGAL SERVICES AGREEMENT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
January, A.D. , 1983.
�_.�,• BOARD OF COUNTY COMMISSIONERS
ATTEST: /if , WELD COUNTY, COLORADO
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Weld County Clerk and Recorder ( /1t—..,,
CL/7
and Clerk to the Board C ck Carlson, Chairman
BY: , Lf.tiv Lai c.-/)tr i .4,2,7,-,a°;.,Deputy County Clerk J , T. Martin, Pro-Tem
APPROVED AS TO FORM:
Gene R. Brantner
C- "Ce-e--9
County Attorney Norman Carlson
J. cq line o son
DATE PRESENTED: January 12, 1983
PURCHASING OF LEGAL SERVICES AGREEMENT
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
DIVISION OF CHILD SUPPORT ENFORCEMENT
This agreement is executed as of January 1 , 1983,
by and between the Weld County Board of Commissioners (hereinafter
"Weld County") , the Weld County Department of Social Services
(hereinafter "Department") , and Karen Johnson.
WITNESSETH THAT:
WHEREAS, the Department, under the Social Security Act as
amended by Section 101 of PL 93-647, 45 CFR Parts 232, 301, 302 ,
303, 304 and 26-2-104 and 26-2-105 CRS 1973, 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 otherwise eligible but not receiving an
assistance payment grant, and
WHEREAS, the Department desires to enter into an agreement
with Weld County to: 1) assist the Department 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 and Weld County, and
WHEREAS, the County and Miss Johnson are desirous of entering
into such an agreement with the Department;
NOW THEREFORE: The Department, Weld County, and Miss Johnson
in consideration of the promises and mutual covenants as herein-
after contained, do hereby agree as follows:
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Conditions:
Miss Karen Johnson is an attorney licensed to practice law
in the State of Colorado.
1. The County of Weld agrees to hire Miss Johnson as an
attorney and assign her full-time to the Weld County Child Sup-
port Enforcement Office.
2. Miss Johnson 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 she chooses to participate in that plan) and retirement.
3. Miss Johnson will be under the supervision of the Execu-
tive Director of the Weld County Department of Social Services.
4. Miss Johnson will be physically located within the
building of the Department of Social Services.
5. In the event of illness, vacation or other absence of
Miss Johnson, back-up attorney services shall be provided by the
County Attorney' s Office under the existing contract with that
office.
Scope of Services:
Services will-be provided to AFDC grant recipients. and any
individuals otherwise eligible for such services 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.
Duration of Program:
This agreement shall be in effect from the date first shown
above until December 31, 1983.
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Renewal:
This agreement is subject to three (3) consecutive renewals
but mutual consent, provided that each renewal shall be for a
period not to exceed twelve (12) months. Each renewal shall be
reduced to writing, properly executed, and made a part of this
agreement. Said renewals must contain appropriate amendments to
Exhibit I, Scope of Services; and Exhibit II , Purchase of Legal
Services Agreement Budget. Said renewals are expressly made sub-
ject to the approval of the Executive Director, Colorado Depart-
ment 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.
Payment-Schedule and Amount:
Amount. Payment will be made on the basis of the Purchase
of Legal Services Agreement Budget which is Exhibit II, a copy
of which is attached hereto and made a part hereof by reference.
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.
Cancellation, Termination and Amendments:
This agreement may be terminated, cancelled, revoked and
annulled by either party upon written notice of at least thirty
(30) days. This agreement may be amended in whole or in part by
either party upon written notice of at 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,
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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.
Reports, Records and Retention Periods:
The Weld County Office of Child Support Enforcement shall
maintain such records as are deemed necessary pursuant to the State
Department' s Rules to assure a proper accounting for all costs and
funds collected. These records shall be made available for audit
purposes to the U.S. Department of HHS, the State Department of
Social Services, or any authorized representative of the State of
Colorado, and shall be retained for five years after the expiration
of this contract unless permission to destroy them is granted by
the State Department of Social Services.
Confidentiality:
Information provided by the County Department of Social
Services in furtherance of the aims and purposes of this agreement
will be used only fpr the purposes intended and, in accordance with
Federal and State laws and regulations.
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
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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
1051 et sec .
Religious Activity:
There shall be no religious worship, instruction, or prosely-
tization as part of or in connection with the performance of this
agreement.
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, Education and Welfare
issued pursuant to that Act, the provisions of Executive Order 11246,
Equal Employment Opportunity dated September 24 , 1965 , as amended.
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.
Federal and State Laws and Regulations:
This agreement shall be performed in compliance with the
Social Security Act, as amended, the Federal regulations and amend-
ments thereto which implement the Social Security Act, and the
rules and regulations of the State Department of Social Services
as amended.
IN WITNESS WHEREOF:
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Weld County, the Department and Miss Johnson have caused
this agreement to be executed by their respective officers duly author-
ized so to do.
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.
Dated: AL-
Eu �a McKenna Director
Director
We County Department of
Social Services
Dated: /.2481r...)--
/ Karen Jo on
Attorne at Law
Dated: /'' /0
Chuck Carlson, Chairman
Weld County Board of County
Commissioners
For Weld County Board of Social
Services
APPROVED: STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR A. C 41'-‘
GJ� Dated: ��7"(////4401'7�!
Rube A. aldez
Executive Director
Colorado Department of
Social Services
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EXHIBIT I
SCOPE OF SERVICES
The Scope of Services provided by Miss Johnson for the
Department, pursuant to this Agreement for both AFDC and Non-AFDC
clients are as follows:
1. Establishing the Legal Obligation to Support. Services
related to determining the absent parent' s legal obli-
gation to support his or her dependent children.
2. Establishing Paternity. Services related to determining
the paternity of children.
3. Financial Assessment. Services related to determining an
absent parent' s ability to provide support.
4. Establishing the Amount of Support. Services related to
determining an absent parent's support obligation, in-
cluding methods and terms of payment.
5. Collection. Services related to monitoring payment
activities and processing cash flow.
6. Enforcement. Services to enforce collection of support,
including, but not limited to, executing contempt pro-
ceedings , wage assignments, obtaining garnishment orders,
attaching real and personal property and executing judg-
ments.
The above services will be provided at the office of Weld
County Department of Social Services, 315 North 11th Avenue, Greeley,
Colorado.
EXHIBIT II
PURCHASE OF LEGAL SERVICES AGREEMENT
BUDGET
For period of January 1, 1983 through December 31, 1983.
1. Attorney Salary (12 mos. ) $29, 556
2. County Fringe Benefits 4 ,400
(approximately 17%) $33,956
3. Expert Witness Fee 1,300
$35 ,256
4. Back-up - Tom David 1,000
Total Budget $36 ,256
EmoRAnDu
ifols
WineTo Tom David, Weld County Attorney Date January 3, 1983
COLORADO From Gene McKenna, Director, Weld County Department of Social Services
Subject: Child Support Agreement
Tom:
Please find attached the Child Support agreement required by the state of
Colorado for the 1983 calendar year. The budget figures reflect the 1983
compensation for Karen Johnson. Please review and submit to the County Board
for their approval . Thank you.
enc.
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