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HomeMy WebLinkAbout820816.tiff . 1, -..�. LEGAL SERVICES AGREEMENT (Non-IV-D) THIS AGREEMENT is made and entered into this 3rd day of March, 1982, nunc pro tuns, January 1, 1982, 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 Department' s programs and responsibilities, and WHEREAS, Attorney is desirous of entering into such an Agree- ment with the Department. NOW, THEREFORE, the Department and Attorney, in consideration of the mutual promises and covenants contained herein, do hereby agree as follows : 1. SCOPE OF SERVICES . Services to be provided by Attorney include interpretation 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, 1982, to and until December 31, 1982 . 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 $31.02. fi 820816 .9" O . CIS e. y. 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 services of typists, secretaries, paralegals and other personnel, as well as all charges for indirect costs as allowed by Federal Management 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. "Reasonable 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 $60, 000 .00 as allocated by the Colo- rado 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 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 representa- tive of the State of Colorado and shall be retained for five (5) -2- n r'1 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 pur- poses of this Agreement will be used only for the purposes intended and in accordance with federal and state laws and regu- lations. 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 candidate for public office in a manner which would con- stitute a violation of 5 U.S.C. §501, et seq. 8 . RELIGIOUS ACTIVITY. There shall be no religious wor- ship, 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 regulations of the Department of Health, Education and Welfare issued pursuant to that Act, and the provi- sions 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 pro- vided 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. -3- n IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. WELD COUNTY ATTORNEY 6.<7.1141-A14,--. as O. David WELD COUNTY DEPARTMENT OF SOCIAL 1,SERVICES By: e Lf�41%il.'� �� Eu ne McKenn , Director am a/fir itics f :vcw ATTEST: L•" ^vtir 4dr . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board f.._� ! __ BY: \ , .,� T i1)J/. Z-; Jghn T. Martin, 'Chairman /-ZS BYO S Deputy Coun erk -4- Hello