HomeMy WebLinkAbout20033504 RESOLUTION
RE: APPROVE CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT
AGREEMENT FOR IV-D SERVICES AND AUTHORIZE CHAIR TO SIGN - BRUCE
BARKER, WELD COUNTY ATTORNEY
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 a Child Support Enforcement Cooperative
Reimbursement Agreement for IV-D Services 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 Bruce Barker, Weld County Attorney, commencing January 1, 2004, and
ending December 31, 2004,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 Child Support Enforcement
Cooperative Reimbursement Agreement for IV-D Services 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 Bruce Barker, 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 31st day of December, A.D., 2003.
BO D OF COUNTY COMMISSIONERS
W COON Y, LO D
ATTEST: � ,__o/ i". 119,0"�9 — D id E. Long, Chair
Weld County Clerk to the Bo rd
BY: ?6G/Ga-u Co ��
I Robert D. sden, Pro-Tem
Deputy Clerk to the Bo≥ J
�� M. J. eile
OV {AS TQ-FORM: � T-Re%v.J
: William H. Jerk
o��tPtorn(7 � SI(/a
Glenn Vaad
Date of signature: 143
2003-3504
SS0030
CC; JS ), dg 61- I q-a y
CHILD SUPPORT
ENFORCEMENT
JAN 2 2 2004
62412
Weld County Contract Number
Department of Social Services 4esenv.t.veaW
CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT AGREEMENT
This Agreement is executed as of 01 / 01 / 2004 by and between
Bruce T. Barker (hereinafter"Contractor") and the Weld County Department of
Social Services(hereinafter"Department");
This Agreement shall be in effect from 01 / 01 / 2004 through 12 / 31 / 2004 and
shall not exceed twelve(12)months.
The Department, under Part D of Title IV of the Social Security Act, 45 CFR 92,232,301 through 307,and 26-
13-101, et. seq., C.R.S., has been delegated responsibility for the development and implementation of a program
to secure support and establish paternity for any person(s) eligible for IV-D services within the meaning of
Federal regulations, and
The Department desires to enter into an agreement with the Contractor to: 1)assist the Department in providing
the services necessary to establish paternity, establish support obligations, and secure support for any person(s)
eligible for IV-D services within the meaning of Federal regulations, and 2) assist in other child support
enforcement matters of common concern to the Department and the Contractor, and the Contractor desires to
enter into such an agreement with the Department;
The Department and the Contractor therefore agree as follows:
1. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for IV-D services in compliance with
Exhibit I "Scope of Services,"hereby attached and incorporated by reference.
2. Personnel
The Contractor shall identify in Exhibit II "Computation of Personnel Costs for Services" all personnel by
title who provide services pursuant to this agreement. Exhibit II is attached and incorporated by reference.
The addition or deletion of personnel listed in Exhibit II of this agreement must be accomplished by a
memorandum with an updated Exhibit II submitted by the Contractor, within ten (10) days of any changes
of positions,to the Department and subject to approval of the Executive Director, Colorado Department of
Human Services, or designee. The new Exhibit II must comply with the requirements of this paragraph -
two(2).
CSE-1(REV/s£D 10/01)
Oda- any
CSE -AGREEMENT FOR SERVICES PAGE 2
3. Payment
a. Payment shall be made on the basis of Exhibit III, "Agreement Budget," hereby attached and
incorporated by reference. The Agreement Budget shall establish the maximum reimbursement which
will be paid from combined county and federal funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to the Department for all costs incurred
pursuant to Exhibit I of this agreement in accordance with the rules and regulations of the Colorado
Department of Human Services. The Contractor shall submit all itemized monthly billings to the
Department prior to the sixth (6) day of the month following the month the cost was incurred. Billings
must be signed by the Contractor.
c. Payments to the Contractor shall be made monthly by the Department upon receipt of such itemized
billings as follows:
1) Personal Services - 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. For staff providing
full-time services under the agreement current job descriptions of their responsibilities shall
substantiate billings. For staff providing part-time services under the agreement, time sheets
documenting all time used working on IV-D cases shall substantiate billings.
2) Operating Expenses - Operating expenses include supplies, materials, equipment, printing,
reproduction, rent, normal telephone charges, utilities, repairs and maintenance. Charges for
operating expenses shall be substantiated by an allocation method distributing costs equitably to all
units of the District,County or City Attorney's office.
3) Travel - Reimbursement for the Contractor and staff time spent in traveling shall be negotiated
between the Contractor and the Department as described in Exhibit III. Costs shall be substantiated
by records(such as bills,tickets, etc.)indicating the dates,purposes,destinations, and costs of such
travel.
4) Training - Reimbursement for the Contractor and staff for cost of and time spent in training shall
be negotiated between the Contractor and the Department as described in Exhibit III. Costs shall be
substantiated by records indicating the dates, training subjects, and costs of such training. In the
event such training is made mandatory by the Department,such charges shall be reimbursed.
5) Specific actual expenses - Other costs related to providing services under the agreement may
include long distance telephone calls, genetic tests, polygraph tests, expert witness fees,transcripts,
and services purchased from subcontractors. Costs shall be substantiated by records indicating the
reasons and the dates of the charges.
d. Reimbursement of costs incurred pursuant to this agreement is expressly contingent upon the
availability of federal funds to the Colorado Department of Human Services and the Department.
e. The Department shall not be billed for, and reimbursement shall not be made for, time involved in
activities outside of those defined in Exhibit I.
CSE -AGREEMENT'FOR SERVICES PAGE 3
4. 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, and if the termination is for cause the notice shall cite the reason(s) 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. Upon receipt of
said items,the Department shall pay the Contractor for actual costs incurred through the date this agreement
is terminated in accordance with section 3 "Payment"of this agreement.
5. Amendment
This agreement may be amended by mutual consent, provided that the amendment is written 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 Human Services, or designee; however, the
State of Colorado,the Colorado Department of Human Services and the Executive Director,or designee,are
not parties to this agreement.
6. Reports,Records,and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado Department
of Human Services'rules to assure a proper accounting for all costs and funds collected. These records shall
be made available for audit purpose to the U.S. Department of Health and Human Services, the State
Department, or the County Department, and shall be retained for three (3) years after the expiration of this
agreement or after an audit is completed unless permission to destroy them is granted by the Colorado
Department of Human Services. The Contractor shall submit financial, program progress and other reports
as requested by the Department or the Colorado Department of Human Services.
7. Equipment Purchased with Federal, State and County Money
Title to all equipment acquired by the Contractor under this agreement at a cost of$5000 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.
8. Confidentiality
Information provided by the Department for purposes of this agreement shall be used only for the purpose
intended and in accordance with federal and state laws and regulations.
9. Political Activities
None of the funds, materials, property, personnel or services contributed by the United States, the State of
Colorado, the Colorado Department of Human 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 five(5)U.S.C. Sections 1501 et. seq.
•
CSE-AGREEMENT FOR SERVICES PAGE 4
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 Human Services.
11. Compliance with Applicable Laws
The Contractor shall at all times during the execution of this agreement strictly adhere to all applicable
federal and state laws and implementing regulations as they currently exist and may hereafter be amended.
This includes protection of the confidentiality of all recipient/applicant records, papers, documents, tapes
and any other materials that have been or may hereafter be established which relate to this agreement. The
Contractor acknowledges that the laws include Title IV (Title 45 Code of Federal Regulations), 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.
12. 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 and the Colorado
Department of Human Services. •
13. 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 subcontractors on a competitive basis to the
maximum practical extent consistent with the objectives and requirements of this agreement.
14. Performance Standards
The Department and Contractor shall define standards of performance that will allow for an accurate
evaluation of the services being provided by the Contractor. The standards shall be clear and definite and be
both qualitative and quantitative in content. The standards shall provide a reliable realistic means for
establishing satisfactory levels of performance and for recognizing performance which is above the
expected level for reward/incentive purposes or for initiating corrective action if performance has fallen
below the standard. Performance Standards shall be provided pursuant to Exhibit IV "Performance
Standards,"hereby attached and incorporated by reference.
15. Responsibility for 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, as identified in Exhibit II, "Computation of Personnel Costs for
Services." Governmental functions provided in support of the child support enforcement program by
individuals other than those identified in Exhibit II are not the responsibility of the Contractor except for
acceptance or rejection of the work product of such individuals.
CSE-AGREEMENT FOR SERVICES PAGE 5
16. Special Attorney
The Contractor or the Department may determine that the Contractor has a conflict of interest which will
prevent the Contractor from fulfilling or completing 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 under the terms of
this agreement with the requirement that the Department reimburse 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 his county on behalf of other County Departments when
authorized by the Department.
CSE -AGREEMENT FOR SERVICES PAGE 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
Human Services, or his/her designee; however, the State of Colorado, the Colorado Department of Human
Services,the Executive Director,or his/her designee,are not parties to this agreement.
!� t,� 11/2„211/3
Co r,lty Dir�dtor Date
'),< . , -\-----2,2..._,
ntra"Ctor ! / Date ��JJ
Bruce T.Barker,Weld County Attorney
915 Tenth Street
PO BOX 1948 1SB'
Greeley,CO 80632
(970)356-4000
BOARD OF COUNTY COMMISSIONERS
LD COUNTY,COLORADO
�..::,.;r Milj,144 „._,3 C.\ DEC 312003
,,,'� E ILS` Davt E.Long,Chair Date
w4�i pC�., ` lerk to the Board
1861 `$t �t
`%®u y - I" Jerk to - Board .
APPROVED: STATE OF COLORADO
pw
ens,Governor �Q
�Q�`CZ y/0/O/
Executive Direc r(or Designee) Date
Colorado Department of Human Services
* If the Board of County Commissioners resolves to empower the Chairperson of the Board of
County Commissions to enter into this agreement for the County Commissioners then a copy of
the Board's resolution to do so must be attached.
Q'OD3 -3.Soy
CSE -AGREEMENT FOR SERVICES PAGE 7
EXHIBIT I
SCOPE OF SERVICES
Services which may be included in Cooperative Reimbursement Agreements:
A. { X } PARENTAGE DETERMINATION - activities related to determining the parentage of
dependent children.
B. { X } ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - activities related to
determining a noncustodial parent's legal obligation, both financially and medically,to support
his or her dependent children, including paternity determination when necessary and
modification of court orders when appropriate.
C. { X } ESTABLISHMENT OF THE AMOUNT OF SUPPORT - activities related to determining a
noncustodial parent's support obligation, including methods and terms of payment.
D. { X } UNREIMBURSED PUBLIC ASSISTANCE - activities related to establishing and collecting
unreimbursed public assistance owed to the State of Colorado.
E. { X } UIFSA (Colorado Initiating) - activities related to the initiation of child support enforcement
reciprocal support actions.
F. { X } UIFSA (Colorado Responding) - activities related to the processing of child support
enforcement reciprocal support actions initiated by other jurisdictions.
G. { X } ENFORCEMENT - activities to enforce the collection of support including, but not limited to,
obtaining wage assignments, obtaining judgments, executing post judgment remedies (such as
continuing wage garnishments,and property liens).
H. { } REPORTING - activities related to providing statistical fiscal, and other records necessary for
reporting and accountability as required by the State Department and U.S. Department of
Health and Human Services.
I. { } INTAKE - activities associated with initial child support case opening and information
collection.
J. { } LOCATE-activities associated with locating a noncustodial parent and locating the assets of a
noncustodial parent.
K. { X } FINANCIAL ASSESSMENT - activities related to determining a noncustodial parent's ability
to provide support.
L. { } COLLECTION-activities related to monitoring support payments.
M. { X } INVESTIGATION - activities related to investigation necessary to accomplish child support
enforcement functions.
N. { } FELONY NONSUPPORT — activities related to prosecuting felony nonsupport actions.
Deputization by the District Attorney is required pursuant to §20-1-201, C.R.S. in order to
prosecute such actions.
CSE-AGREEMENT FOR SERVICES PAGE 8
EXHIBIT II
COMPUTATION OF PERSONNEL COSTS FOR SERVICES
A. Supervisor
List the name and 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, estimated number of his/her hours
to be charged under this agreement,and estimated expense. (Does not apply to non-legal services).
Name and Actual Hourly Estimated Estimated
Title Rate Hours Expenses
Bruce Barker $79.68 10 $796.80
County Attorney
B. Personnel
List the name and official title of all personnel who will be providing services under this agreement.
Also list his/her actual hourly rate including employee benefits, estimated number of his/her hours to be
charged under this agreement,and estimated expense. (Does not apply to non-legal services).
Name and Actual Hourly Estimated Estimated
Title Rate Hours Expenses
Craig Emil $38.24 2080 $79,539.20
Assistant County Attorney
Cyndy Giauque $50.29 80 $4,023.20
Assistant County Attorney
I I
C. Total Personnel Expenses $1 84359.20
(Transfer this total to Exhibit III,Line 1.)
• CSE-AGREEMENT FOR SERVICES PAGE 9
EXHIBIT III
AGREEMENT BUDGET
FOR PERIOD OF 01 / 01 / 2004 THROUGH 12 / 31 / 2004
1. Personnel Expenses, including employee benefits. $ 84,359.20
(From Exhibit II-C)
2. Travel Expenses(specify) $ 300.00
IV-D ATTORNEY MEETINGS
COLORADO FAMILY SUPPORT CONFERENCE
3. Training Expenses(specify) $ 400.00
COLORADO FAMILY SUPPORT CONFERENCE
4. Operating Expenses $ 18,691.00
5. Specific Actual Expenses:
a. Automated Data Processing $ 0.00
b. Office Space $ 0.00
c. Capital Outlay $ 0.00
d. Genetic Tests $ 0.00
e. Other(specify) $ 0.00
Total Specific Actual Expenses: $ 0.00
6. TOTAL EXPENSES $ 103,750.20
CSE-AGREEMENT FOR SERVICES PAGE 10
EXHIBIT IV
PERFORMANCE STANDARDS
List standards of performance that will allow for an accurate evaluation of the services being provided by the
Contractor.
1. All IV-D functions must be performed in accordance with the approved State Plan and all
relevant Federal and State legislation and regulations.
2. The Contractor will maintain time sheets documenting all time used working on IV-D cases for
auditing and billing purposes. Itemized monthly billings shall be submitted to the Department
prior to the sixth(6)working day of the month following the month the cost was incurred.
3. The Contractor agrees:
• To discuss with the Court issues of concern to the CSE Unit.
• To provide dated documentation in the case file of all activity occurring during the time the
case is referred to the attorney.
• To advise the IV-D Administrator of any changes in protocol in handling cases, legal issues,
and problems as they occur.
4. Upon request,the Contractor will meet with the Child Support Supervisor and Administrator to
discuss mutual issues regarding changes in documents, problem cases, and other pertinent
issues.
5. The Contractor will submit draft proposed Orders for preparation by the clerical staff within 15
days of hearings. The Department will prepare said proposed Orders within 3 working days
and return to Contractor for any corrections. Final copies will be completed within 30 days of
the hearing date.
6. The Contractor will attend the following meetings: IV-D attorney meetings, Colorado Family
Support Council Child Support Conference,and appropriate legal training.
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
' WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
COLORADO
MEMORANDUM
TO: David E. Long, Chair Date: December 29, 2003
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services
RE: Child Support Enforcement Cooperative Reimbursement
Agreement
Enclosed for Board approval is a Child Support Enforcement Cooperative
Reimbursement Agreement between the Weld County Department of Social Services
(Department) and the Weld County Attorney. The Agreement was discussed and
reviewed at the Board's Work Session of December 29, 2003.
The major provisions of the Agreement are:
1. The term of the Agreement is January 1, 2004 through December 31, 2004.
2. The Weld County Attorney will assist the Department in providing legal services
necessary to establish paternity, establish support obligations, and secure support
for any person(s) eligible for IV-D services and will assist the Department in
other child support matters.
3. The Department agrees to reimburse the Weld County Attorney a maximum of
$103,750.20.
4. This Agreement must be approved by the Colorado Department of Human ;
Services.
5. The source of funding is Child Support (IV-D) funding.
If you have any questions, please telephone me at extension 6510.
•
2003-3504
STATE OF COLORADO
cdis „. 4:°F_`°.
cf.
Colorado Department of Human Services
people who help people #�=�6
OFFICE OF SELF SUFFICIENCY Bill Owens
Jane Beveridge,Interim Deputy Manager Governor
DIVISION OF CHILD SUPPORT ENFORCEMENT Marva Livingston Hammons
1575 Sherman Street Executive Director
Denver,Colorado 80203-1714
Phone 303-888-4300
FAX 303-888-4380
www.cdhs.state.co.us
Pauline Burton
D rector
February 11, 2004
Judy Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
Dear Ms. Griego:
This office has approved the 2004 Cooperative Reimbursement Agreement between the Weld County
Department of Social Services and Bruce T. Barker. An original contract is enclosed for your files, and
one has been forwarded to the contractor.
If you have any questions,please call Sandy Pratt at 303-866-4990.
Sincerely,
Pauline Burton,Director
Division of Child Support Enforcement
cc: Bruce T. Barker,Weld County Attorney
Nancy Lawson, IV-D Administrator
Field Administration
Our Mission is to Design and Deliver Quality Human Services that Improve the Safety and Independence of the People of Colorado
Hello