HomeMy WebLinkAbout841101.tiff RESOLUTION
RE : APPROVAL OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, FOR
DEPARTMENT. OF SOCIAL SERVICES AND KELLY C. CRANK CONCERNING
PROCESS SERVICES AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME
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 child support enforcement unit of the Weld
County Department of Social Services, in order to perform its
function, requires that it contract with process servers in order
to obtain legal service of process services, and
WHEREAS, an agreement of service of process services between
Weld County and Kelly C. Crank, dba Central Investigative Services ,
has been prepared and presented to the Board of County Commissioners
for approval, and
WHEREAS , the term of said agreement is from August 6 , 1984,
to July 31, 1985, and
WHEREAS , the Board, after studying the agreement, deems it
advisable to approve the same, a copy of said agreement being
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County that the agreement between Weld County and
Kelly C. Crank for process services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 27th day of
August A.D. , 1984 .
(��y WELDDCOUNTYOF i,NCOLO DOTY SSIONERS
ATTEST: __"�Q/
Weld County Clerk and Recorder - t _ _ l a{ya44.—
and Clerk to the Boa Norman Carlson, Chairman
BY (-J1� r�ntc ' uA. tcs
De uty County Clerk J c iinl [ �V
e J nson�, Pro-Tem
APPROV AS TO FORM: _ Iv Y `� M.i/� d
ene R. Brantner
6trtr.. C/ � EXCUSED DATE OF SIGNING - AWE'
County Attorney Chuck Carlson
W----14-7. .- �hi9 841101
JT. Martin
l
A: DEPT S .S.
Contract Number
(State Use Only)
PURCHASE OF SERVICES AGREEMENT
WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of August 6 , 1984 by and
between Kelly c. crank d/b/a Central (hereinafter "Services Provider")
Investigative Services
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 Act,
45 CFR Parts 232, 301, 302, 303, 304, 305, and 26-13-101 et.seq, CRS 1973, 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 agreement
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 recipients 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 August 6 19 84
through July 31 , 19 85 , 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, "Computation of Cost for
Services"; and Exhibit III, "Purchase of 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. Computation of Cost for Services
The Services Provider shall identify the method of determining the cost
for services provided pursuant to this agreement in Exhibit II, entitled
"Computation of Cost for Services", which is attached hereto and made a
part hereof by reference. Such costs may be an hourly rate or a specific
dollar amount for each service provided. Such costs shall be comparable
to or less than rates or charges charged by other providers in the area
for similar services.
5. Payment
A. Payment shall be made on the basis of Exhibit III, entitled "Purchase
of 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 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 Services Provider shall submit monthly billings for services
provided 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 Services Provider upon
receipt of such billing as follows:
1. Services costs are determined by multiplying the rate developed in
Exhibit II by the estimated number of hours or estimated number of
services to be provided.
2) Direct charges for travel are 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 may include 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. Services Provider 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.
6. Duties of the Department
The Department shall provide the Services Provider with all pertinent
information available to the extent that such information is relevant to
the services to be performed pursuant to this agreement.
7. 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
Services Provider 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 Services Provider
provides said property, records and information to the Department, the
Department shall pay the Services Provider for reasonable costs incurred
through the last day of this agreement in accordance with clause 5
entitled, "Payment".
8. 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
Colorado, the Colorado Department of Social Services, the Executive
Director, or his designee, are not parties of the agreement.
9. Reports, Records, and Retention Periods
The Services Provider 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 Services Provider shall
make financial, program progress and other reports as requested by the
County or State Department of Social Services.
10. Equipment Purchased with Federal, State and County Money
Equipment with an acquisition cost of less than $300 may be purchased by
the Services Provider 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.
11. Confidentiality
Information provided by the County Department of Social Services in
futherance of the aims and purposes of this agreement will be used only
for the purpose intended and in accordance with Federal and State laws and
regulations.
12. Safeguarding Information
The Services Provider shall provide for the security of information
collected pursuant to this agreement and as provided in the rules and
regulations of the state department.
13. 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. Sections 1501 et.seq.
14. Religious Activity
There shall be no religious worship, instruction or proselytization as
part of or in connection with the performance of this agreement.
15. 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.
16. 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.
17. 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.
18. Subcontracts
No subcontract shall be made by the Services Provider 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 Services Provider shall be responsible for contract
performance and compliance with the terms and conditions of this
agreement. The Services Provider shall select subcontractors on a
competitive basis to the maximum practical extent consistent with the
objectives and requirements of this agreement.
19. Special Provisions
The Services Provider and Department agree to the special provisions
described in Exhibit IV, entitled, "Purchase of Services Agreement Special
Provisions", a copy of which is attached hereto and made a part hereof by
reference.
IN WITNESS WHEREOF
Department and Services Provider have caused this agreement to be executed by
their respective officers duly authorized 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. /
J7 / a�..vfl6i 1:4,44
Coupt Director Date
Set ices Provider Date Member County Board of Date
(>C , ��� �� Social Services
_Z1.:-1-rL,L€4- +_<;.n-t`<,j vSO4+t`C,Csz_)6
(p..O . 'hFy-Y �, ci 5
-
'y
Me ber \lunt Beard of Date
ocial Services
APPROVED: STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
0, ..- * -:4/ ;- ..>/Y
Member County Board of Date
Social Services
*
l
77-
/ j ' ,7 22 ��j�/ewer County oard of Date
Social Services
Gecutive e. or Date
Colorado Dept. of Soci: Services
ci-1..:9-t-, �/J�,i * 'w ..('7
er County Board of Date
Social Services
* 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.
ATTEST l at
WELD COUNT CLERK AND ^ECCRDER
AND CLERK TO THE bQArlD
-- o
BY:-.—4.q t111../l./
Depu)y County Clerk
•
EXHIBIT I
SCOPE OF SERVICES
THIS AGREEMENT is made and entered into this 27th day of
August • , 1984. by and between the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO hereinafter referred to as
"Board" and Kelly C. ('rapk, dry °antral , hereinafter referred
to as "Process Serving Firm" . /Investigative Services
IN CONSIDERATION of the mutual covenants and conditions
hereinafter set forth, the parties hereto agree as follows:
1 . Purpose.
The Board, through its Department of Social Services, operates
a Child Support Enforcement Unit, in order to perform its
function, requires that it contract with Process Servers in
order to obtain legal service of process services. The purpose
of this Agreement is to set forth the mutual rights and res-
ponsibilities of the Board and the Process Serving Firm regarding
service of process by the Process Serving Firm for said Child
Support Enforcement Unit.
•
EXHIBIT II
COMPUTATION OF COST FOR SERVICES
(Indicate below the method of determining the cost for services provided. )
For purposes of Service of Process, Weld County shall be divided
into three geographical areas.
Zone A shall be a five mile radius of Greeley. This includes
the towns of Evans and La Salle, A fee of $20.00 shall be paid
for services provided in Zone A.
Zone B shall be considered those towns between five and twenty
miles of Greeley. Payment for service within Zone B shall be $20.00
plus a one time, one trip mileage allowance of $5.00 for a total
charge of $25.00.
Zone C shall be considered those towns in excess of a twenty
mile radius of Greeley, extending to the County Line. Payment of
Zone C shall be $20.00 plus a one time, one trip mileage allowance
of $10.00 for a total charge of $30.00.
Payment in all zones shall be made only if process is
successful . No payment of any kind shall be made if service is
unsuccessful .
Total Services Cost - $3,000.00
(Transfer the total to Exhibit III , PURCHASE OF SERVICES AGREEMENT BUDGET. )
EXHIBIT III
PURCHASE OF SERVICES AGREEMENT BUDGET
FOR PERIOD OF JANUARY 16, 1984 THROUGH DECEMBER 31 , 1984
1 . Services costs (From Exhibit II)
$2,500.00
2. Travel (Itemize by purpose)
Mileage
$ 500.00
3. Training Costs (Itemize)
$
4. Specific Direct Costs (Itemize)
$
5. Other expenses (Itemize)
$
TOTAL COSTS $3,000.00
EXHIBIT IV
PURCHASE OF SERVICES SPECIAL PROVISIONS
DUTIES OF PROCESS SERVING FIRM.
Upon the request of Board' s Child Support Enforcement Unit,
the Process Serving Firm shall obtain legal service of process
upon individuals who are named as Respondents or Defendants in
Child Support Enforcement Actions. Using information provided by
said Child Support Enforcement Unit, it shall be the responsibility
of the Process Serving Firm to ascertain that the correct party
is being served and said firm hereby agrees that it is responsible
for incorrect service if the information supplied by the Child Support
Enforcement Unit is not properly used.
DUTIES OF BOARD.
The Board, through its Child Support Enforcement Unit, agrees
to provide a correct date of birth or age and a good physical des-
cription of the individual to be served by the Process Serving
Firm. The Board shall not be responsible for providing any specific
number of processes to be served during the term of this Agreement.
This is not an exclusive Agreement and the Board, at its option,
may at any time, select one or more individuals or firms to be
process servers for any geographical area.
QUALIFICATIONS OF EMPLOYEES.
The Process Serving Firm agrees to only employ individuals
of good character and specifically agrees that its employees shall
be free of criminal histories and agrees that its employees shall
not be individuals who are being prosecuted by the Child Support
Enforcement Office.
CONFIDENTIALITY.
The Process Serving Firm agrees that information provided by
the Child Support Enforcement Unit to the Process Serving Firm
for the purpose of obtaining service shall be considered confidential
information and shall not be revealed to any third party.
EXCLUSIONS.
Section 10 paragraph 4 under section 5 shall not apply under
this contract.
-2-
ADDITIONAL PROVISIONS.
The parties hereto specifically agree to be bound by the additional
provisions, which are attached hereto, incorporated herein by reference
and marked as Exhibit "A".
EXHIBIT "A"
ADDITIONAL INSTRUCTIONS/INFORMATION
It is understood that the Board of County Commissioners reserves
the right to reject any and all proposals, to waive any informalities
in the proposal process, and to accept the proposal that, in the
opinion of the Board, is in the best interest of the Board and of
the County of Weld, State of Colorado.
The successful firm shall indemnify and hold harmless Weld County
against all claims for royalties, patents, or for suits for infringement
thereon, which may be involved in providing the services requested.
Cost will not be the determining factor. The County reserves
the right to refuse the lowest bid, and select the overall best
qualified bidder. All factors relating to the bid will be carefully
weighed.
The proposal shall be sent in a sealed envelope furnished by
the Purchasing Department of Weld County, Colorado. Six copies
of the proposal must be submitted.
In submitting the proposal , the vendor agrees that the acceptance
of any or all of the bid by the County within a reasonable time
or period constitutes a contract. No delivery of service or payment
for service shall take place unless a contract has first been issued
by the Purchasing Director of Weld County, Colorado, or the Board
of County Commissioners.
Weld County reserves the right to request additional information
from all bidders in the evaluation process if clarification of
proposal is necessary.
Vendor must be willing to agree to the following standard contract
provisions unless specified in writing as an exception in the proposal
submitted:
1 . Contractor agrees that it is an independent contractor and
that its officers and employees do not become employees
of County, nor are they entitled to any employee benefits
as County employees as the result of the execution of this
agreement.
2. Contractor shall indemnify County, its officers and employees
against liability for injury or damage caused by any negligent
act or omission of any of its employees or volunteers or
agents in the performance of the approved agreement and
shall hold County harmless from any loss occasioned •as a result
of the performance of the contract by contractor. The
contractor shall provide necessary workman ' s compensation
insurance at contractor' s own cost and expense.
-2-
3. No officer, member or employee of County and no member
or their governing bodies shall have any pecuniary interest,
direct or indirect, in the approved agreement or the proceeds
thereof. No employee of contractor nor any member of
an employee' s family shall serve on a County Board, committee
or hold any such position, which either by rule, practice
or action nominates, recommends, supervises contractor's
operations, or authorizes funding of contractor.
4. Contractor may not assign or transfer the approved agreement,
any interest hterein or claim thereunder without the prior
written approval of County.
5. Payment of contractor will be made only upon presentation of
a proper claim by contractor subject to the approval of the
County Department or Agency for which the services have been
performed.
6. County sahll have access to contractor' s financial records
for purposes of audit. Such records shall be complete
and available for audit ninety (90) days after final payment
hereunder and shall be retained and available for audit
purposes for five years after final payment hereunder.
7. County may terminate the approved agreement at any time
by giving contractor a ten (10) day written notice of such
sooner termination and may be terminated at any time without
notice upon a material breach of the terms of the approved
agreement by Contractor.
8. Time is of the essence in each and all the provisions of
the approved agreement.
9. No alteration or variation of the terms of the approved
agreement shall be valid unless made in writing and signed
by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses
unless set forth in the approved agreement.
11 . Contractor assures that it will comply with Title VI of
Civil Rights Act of 1964 and that no person shall , on the
grounds of race, creed, color, sex or national origin be
excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under the approved.
agreement.
• • • t il tR
** * DEPARTMENT OF SOCIAL SERVICES
181•
1575 SHERMAN STREET
RICHARD D. LAMM DENVER, COLORADO 80203 GEORGE S. GOLDSTEIN, Ph.D.
GOVERNOR Executive Director
October 24, 1984
Norman Carlson
Weld County Commissioner
P.O. Box 758
Greeley, Colorado 80632
Dear Mr. Carlson:
The purpose of this letter is to inform you that the Purchase of Services
Agreement between the Weld County Department of Social Services and Kelly C.
Crank d/b/a Central Investigative Services , has been approved by this office.
• .erely,
J.{ -s 0. Galeotti; hief
ild Support Enforcement Section
Enclosure
cc: Kelly C. Crank !'<,
Eugene McKenna (,,PC:',
Dave Huffman
C✓/ .., le
799q
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