HomeMy WebLinkAbout810760.tiff RESOLUTION
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RE: APPROVAL OF COOPERATIVE REIMBURSEMENT AGREEMENT BETWEEN THE
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE WELD
COUNTY ATTORNEY AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE
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 Weld County Department of Social Services is
responsible for the development and implementation of a program
to secure support and establish paternity for children receiving
AFDC benefits and those otherwise eligible, but not receiving
an assistance payment grant, and
WHEREAS, the Weld County Department of Social Services and
the Weld County Attorney desire to enter into an agreement to:
1) assist the Department of Social Services in providing the
services necessary to establish paternity 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, and 2) assist in other matters
of common concern to the Department of Social Services and the
Weld County Attorney, and
WHEREAS, such an agreement has been prepared and presented
to the Board of County Commissioners for approval, and
WHEREAS, the Board, after studying said agreement, deems it
advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the Cooperative Reimburse-
ment Agreement between the Weld County Department of Social Services
and the Weld County Attorney be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the Chairman of the Board be, and
hereby is, authorized to sign said Cooperative Reimbursement Agree-
ment.
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r �`/� 810760
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The above and foregoing Resolution was, on motion duly made
• and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1981.
„ �. "� �� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder _ A__,
aperk to the d uck C n, Chairman
BY' rit-yt A...t A:��a..� l:C-��'6.
�.._ Deputy Count erk Norman Carlson, Pro-Tem
(::: 57-
� APrPROV AS TO FORM: ABSENT
::: 5 7 i 4-- � � e- C. W. Kirby
County Attorney _, ti 72)2'?/.Y2±2.
T. Martin
, 2:-/ nel X-C'S'Meal,
Jrile K. Steinmark
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DATE PRESENTED: MARCH 16 , 1981
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IsC
COOPERATIVE REIMBURSEMENT AGREEMENT
WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
THIS AGREEMENT is executed as of January 1, 1981, by and
between the WELD COUNTY ATTORNEY (hereinafter "Attorney") and
the WELD COUNTY DEPARTMENT OF SOCIAL SERVICES (hereinafter
"Department") :
WITNESSETH THAT
WHEREAS, the Department, under the Social Security Act,
as amended by Section 101 of PL 93-647 , 45 CFR, Parts 232 , 301,
302 , 303, 304 , and 26-2-104 and 26-2-105, CRS 1973, 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 otherwise eligible,
but not receiving an assistance payment grant, and
WHEREAS, the Department desires to enter into an agreement
with the Attorney to: 1) assist the Department in providing the
services necessary to establish paternity and secure support for
children receiving AFDC and those otherwise eligible but not re-
ceiving an assistance payment within the meaning of Federal regu-
lations pertaining thereto, and 2) assist in other matters of
common concern to the Department and the Attorney, and
WHEREAS , the Attorney is desirous of entering into such an
agreement with the Department.
NOW, THEREFORE: The Department and Attorney, in consider-
ation of the promises and mutual covenants as hereinafter con-
tained, do hereby agree as follows:
1. Scope of Services
Services will be provided to AFDC grant recipients and
any individuals otherwise eligible for such services
by the Attorney 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 Program
This agreement shall be in effect from the date first
shown above until December 31, 1981, but not to exceed
twelve ' (12) months .
3. Renewal
This agreement is subject to three (3) consecutive re-
newals 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, properly
executed, and made a part of this agreement. Said
renewals must contain appropriate amendments to Exhibit
I, Scope Of Services; Exhibit II , Cooperative Reimburse-
ment Agreement Hourly Rate; and Exhibit III, Cooperative
Reimbursement Agreement Budget. Said renewals are
expressly made subject to the approval of the Execu-
tive Director, Colorado Department of Social
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Services, or his designee; however, the State of Colo-
rado, the Colorado Department of Social Services, the
Executive Director, or his designee, are not parties
of the agreement.
4 . Payment-Schedule and Amount
A. Amount. Payment will be made. on the basis of the
Cooperative Reimbursement Agreement Budget which
is Exhibit III, a copy of which is attached hereto
and made a part hereof by reference. The Coopera-
tive Reimbursement 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. Schedule. Payment shall be made monthly upon re-
ceipt of an itemized billing for reasonable costs
incurred pursuant to this agreement. All payments
shall be used only for the provision of services as
encompassed by this agreement. Reasonable cost is
defined as number of hours worked by the Attorney
multiplied by the hourly rate specified in Exhibit
II, Cooperative Reimbursement Agreement Hourly
Rate. This hourly rate shall include all overhead
charges and charges for the ancillary services of
typists , secretaries, paralegals and other personnel .
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Direct charges may be included for other costs such
as travel, training, filing fees, long distance tele-
phone calls, blood tests, polygraph tests, expert
witness fees, and out-of-state travel and training,
however, budgeted amounts for these direct costs
must receive prior approval from the Division of
Child Support Enforcement, Colorado Department of
Social Services.
5. Cancellation, Termination and Amendments
This agreement may be terminated, cancelled, revoked and
annulled 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 amend-
ment is reduced in writing, 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.
6 . Reports, Records and Retention Periods
The Attotney shall maintain such records as are deemed
necessary pursuant to the State Department' s Rules to
assure a proper accounting for all costs and funds
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collected. These records shall be made available for
audit purposes to the U.S. Department of HEW, the State
Department of Social Services , the County Department of
Social Services, or any authorized representative of the
State of Colorado, and shall be retained for five years
after the expiration of this contract unless permission
to destroy them is granted by the State Department of
Social Services.
The Attorney shall make financial, program progress and
other reports as requested by the County or State De-
partments of Social Services.
7. Confidentiality
Information provided by the County Department of Social
Services in furtherance of the aims and purposes of
this agreement will be used only for the purposes in-
tended and in accordance with Federal and State laws
and regulations.
8. 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.
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9. Religious Activity
There shall be no religious worship, instruction or
proselytizat'ion as part of or in connection with the
performance of this agreement.
10. 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 De-
partment of Health, Education and Welfare issued pur-
suant to that Act, the provisions of Executive Order
11246 , Equal Employment Opportunity, dated September
24 , 1965 , as amended.
11. Studies and Investigations
All official reports of cases, recoveries, investiga-
tions , studies, etc. , made as a result of this agree-
ment shall acknowledge the support provided by the
Department.
12. Federal and State Laws and Regulations
This agreement shall be performed in compliance with
the Social Security Act, as amended, the Federal regu-
lations and amendments thereto which implement the
Social Security Act, and the rules and regulations of
the State Department of Social Services as amended.
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,A;
EXHIBIT III
COOPERATIVE REIMBURSEMENT AGREEMENT
BUDGET
For period of January 1, 1981 through December 31 , 1981.
TOTAL $45, 000. 00
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EXHIBIT II
COOPERATIVE REIMBURSEMENT AGREEMENT
HOURLY RATE
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The rate to be charged for attorney time under this agree-
ment is as follows:
Thomas O. David $28 .63
R. Russell Anson $28 .63
J. Robert Lowenbach $28 .63
Lee D. Morrison $28 .63
This rate includes all overhead charges and charges for
the ancillary services of typists, secretaries, paralegals and
other personnel.
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IN WITNESS WHEREOF
The Department and the Attorney 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 Ser-
vices , 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.
gna44ccer /3/4 ��
E ENE Mc , Director Date
' We d Co my Department of
cial Services
/l'/o/
THO S 0. DAVID Da e
Weld County Attorney
1NYate
4/7/
C CK CARLSON, Chairman
Weld County Board of
County Commissioners
For Weld County Board of
Social Services
APPROVED: STATE OF COLORADO
RICHARD D. I.A.*M
GOVERNOR
/
RUBEN A. VALDEZ Date
Executive Director
Colorado Department of
Social Services
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EXHIBIT I
SCOPE OF SERVICES
The Scope of Services provided by the attorney for the
Department, pursuant to this Agreement, for both AFDC and non-
AFDC clients are as follows:
1. Establishing the Legal Obligation to Support. Services
related to determining the absent parent' s legal obli-
gation to support his or her dependent children.
2 . Establishing Paternity. Services related to determining
the paternity of children.
3 . Financial Assessment. Services related to determining
an absent parent' s ability to provide support.
4 . Establishing the Amount of Support. Services related
to determining an absent parent' s support obligation
including methods and terms of payment.
5. Collection. Services related to monitoring payment
activities and processing cash flow.
6 . Enforcement. Services to enforce collection of support,
including, but not limited to, executing contempt pro-
ceedings, wage assignments , obtaining garnishment orders,
attaching real and personal property and executing judg-
ments.
The above services will be provided at the Office of the
Weld County Attorney, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado.
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