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Home My WebLink About960036.tiff RESOLUTION RE: APPROVE AGREEMENT WITH WELD COUNTY ATTORNEY - $10,000.00 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 $10,000.00 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$10,000.00 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 6th day of January, A.D., 1996, nunc pro tunc January 1, 1996. BOARD OF COUNTY COMMISSIONERS 7W COUNTY, COLO O , .ISSiTer MAti 774tfJ -illl J. Kirkmeyer, air Weld-astir Clerk to the Board y ' /mil r / ,- 4 ' \ �� ear eiE. Ba er, P o e Deputy Cler0o the Board Dale K. Hall G(�% 1 D AS TO FO710A�:�r/ .�i FK ✓ t.-0L Constance L. Harbert County Attorn y ' �/,;1 ( '4.- � W. . Webster ' 960036 SS0022 ex : 63; Cf4 i .37-t)re: Contract Number (state use Only) AGREEMENT BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND WELD COUNTY ATTORNEY This Agreement is executed as of this day of Jan. , 1995, by and between Bruce T. 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 and adults. 2) Assist the Department with court action necessary to the well-being of children and adults in the county and children and adults 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. The 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. S. 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. Compliance with Applicable 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 and the Education Amendments of 1972, and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, 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.LA Cou ty Dir ctor D to 0/1081610 ntractor Date Member ounty Soard Date (Type Name, Address, and Phone No.) of Social Services • Bruce T. Barker /915 10th Street Greeley, CO 80631 /�/Q,% p �i (303) 356-4000 / .--eic.i' 72%,-41 _Q p-A-/qc / Member County Board Date of Social Services Approved: State of Colorado Roy Romer, Governor ,_7":1-4, 0 8 6742 Member County Board Date of Social Services ,�v4d4,/zf- ' t— 0//08/q For Executive Director Date Member County Board Date Colorado Department of Social Services -of-Social ervic s y' a AT'BST / 771/.�J. /� / ��t;��/; V�l�S, g L . ' ', Weld County Clerk to Member County Board Date the Board of Social Services '4 S '4.)./ 1-1- cl\li_P__" !By 0 DePlAcV Clef ctrihjenloard ATTITTt LT TO Yjnii, C3:c;...SS:u aR SIG ATURES ONLY * 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 Ti le Rate Hours Cost Bruce T. Barker $70.84 98.81 $7,000.00 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 Cyndy Giauque $70.84 14 $1,000.00 Assistant County Attorney Eric Lord $70.84 14 $1,000.00 Assistant County Attorney Lee Morrison $70.84 14 $1,000.00 Assistant County Attorney C. Total Personnel Costs $10,000.00 Page 1 of 1 Exhibit II AGREEMENT BUDGET FOR PERIOD OF January 1, 1996 THROUGH December 31, 1996 1. Services or Personnel costs, including employee benefits $10,000.00 2. Travel $ 0.00 3. Training Costs $ 0.00 4. Operating Costs $ 0.00 5. Specific actual costs $ 0.00 a. Automated Data Processing $ 0.00 b. Office Space $ 0.00 c. Capital Outlay $ 0.00 d. Other - Licensing Fee -0- TOTAL COST $10,000.00 Page 1 of 1 WELD CCU ITY ‘ta.....* •tcps 1995 .I;Ail —fI FiI 2: 52 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A CLERIC GREELEY, COLORADO 80632 TO THE L u;'. 'J Administration and Public Assistance (970) 352-1551 pe. Child Support(970) 352-6933 Protecitve and Youth Services (970) 352-1923 Food Stamps (970) 356-3850 Fax(970) 353-5215 COLORADO TO: Barbara Kirkmeyer, Chair Board of Weld County Commissioners 1 FROM: Judy A. Griego, Director, Social Services ,'t Lit' �A ' j SUBJECT: Agreement Between Weld County Department of oci ra rvic s 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$10,000.00 is provided under the Agreement. 3. The Agreement provides for assistance from the County Attorney's office in providing services necessary to comply with State regulations concerning care for children and adults and with court action necessary to the well-being of child and adults in the county and children and adults who the Department has custody over. If you have any questions, please call me at extension 6200. Jac Enclosure if ACCORDING TO SOCIAL SERVICES STATE SIGNATURES NOT REQUIRED ALL ATTEMPTS TO OBTAIN SIGNATURES HAVE FAILED Hello