HomeMy WebLinkAbout960035.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH WELD COUNTY ATTORNEY -$55,000.00
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 an Agreement for$55,000.00 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 the Weld County Attorney, commencing
January 1, 1996, and ending December 31, 1996, 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 Agreement for$55,000.00 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 the 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 8th day of January, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
Ma%
;;D
' COUNTY, COLD /DO
,�PF I kt(oarbara J. Kirkmeye Chair O
Wald,Q rity Clerk to the Board �rfc/� y /
' ':4 ,-B- 'r F!Baxter, ro- 'L- ,
Deputy Cler the Board
Dale
K. Hall
AP D AS TO FORM
Constance L. Harbert
ount Attorney 7
H. ebs er
960035
SS0022
de : 5S,'O4;≤rmE
Contract Number
(state use Only)
AGREEMENT BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND WELD COUNTY ATTORNEY
This Agreement is executed as of Jan.
1996, 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, 1996 through December 31, 1996
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,
2) Assist the Department with court action necessary to the well-being
of children in the county and children that the Department has
custody over.
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.
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
Page 1 of 6
Director, Colorado Department of Social Services or designee. The new
Exhibit I will comply with the requirements of this Paragraph 2.
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 travelling 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.
Page 2 of 6
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.
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 Department may require the Contractor to deliver to the
Department any such equipment acquired for the performance of this
Agreement.
Page 3 of 6
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.
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 Department 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. Com liance with A licable 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 applicable and
tothe
Educaese tion
Amendments of 1972, and all regulations app national originws
prohibiting discrimination because of race, color,
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.
Page 4 of 6
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.
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.
Page 5 of 6
The Department and Contractor have therefore 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 to this Agreement.
9 Co
Coun y Directs r
as
on ractor
Date Member Co my Bo d Date
(Type Name, Address, and Phone No.) of Social Services
Bruce Barker
915 10th Street
(303) CO 80631 i�.. .), ����p 9
(303) 356-4000 �1L�!'e1_-
/ ember County Board Date
of Social Services
Approved: State of Colorado
Roy Romer, Governor /Pditi llly 010
Member County Board
Date
of Social Services
For Executive Director Date Member County Board Date
Colorado Department
of Social Services
of Social Services
,,,,--z-.-----.,, Ma4A7 -1 fl
'Oen l'' N , ri , , , -,„
e: rcl 8sv' ((:( , ,, ,,,, , ,,, , e /1 0/ 0 9
Y WLld County Clerk to Member County Board Date
e Board
of Social Services
s„' C-/- 7
( I \J puty_C1er o -the-$oard
qr,
C0i IR o :AIU.; 0 0i1LY
* If the Board of Social Services resolves to empower the Chairman of the Board
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.
Page 6 of 6
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 $70.84 0 0
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
Jim L. Pope
$26.44 2,080 $55,000.00
Assistant County
Attorney
C. Total Personnel Costs $55,000.00
Exhibit II
AGREEMENT BUDGET
FOR PERIOD OF January 1, 1996 THROUGH December 31, 1996
to ee benefits $55,000.00
1, Services or Personnel costs, including employee
mp Y
$ 500.00
2. Travel
$ 750.00
3. Training Costs
$ 0.00
4. Operating Costs
$ 1,000.00
5. Specific actual costs
$800.00
a. Westlaw Fees
0.00
b. Office Space $
c. Capital Outlay $ 0.00
$200.00
d. Other - Licensing Fee
TOTAL COSTS $57,250.00
WELD COUNTY
rit (l(te (-1;; rn
1996 Jnt1 4 Ffl 2: 51 DEPARTMENT OF SOCIAL SERVICES
CLERIC P.O. BOX A
GREELEY, COLORADO 80632
TO THE Administration and Public Assistance (970) 352-1551
O Child Support(970) 352-6933
C
Protecitve and Youth Services (970) 352-1923
Food
ood Stamps Fax (970) 353-5215
TO: Barbara Kirlaneyer, Chair
Board of Weld County Commissioners
FROM: Judy A. Griego, Director, Social Services
SUBJECT: Agreement Between Weld County Depar t of\blocial, erv' and
The Weld County Attorney
DATE: January 3, 1996
Enclosed for Board approval is an Agreement between the County Attorney and the Weld County
Department of Social Services.
1. The term of the Agreement is January 1, 1996 through December 31, 1996.
2. A total of$55,000.00 is provided under the Agreement for personnel, Westlaw fees and licensing
fees.
3. The Agreement provides for County Attorney time to provide compliance in children regulations
governing their care and well being and appropriate court action.
If you have any questions, please call me at extension 6200.
Jac
Enclosure
__ - 96,01.)?&
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