HomeMy WebLinkAbout841103.tiff RESOLUTION
RE: APPROVAL OF COOPERATIVE REIMBURSEMENT AGREEMENT BETWEEN THE
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE WELD COUNTY
ATTORNEY'S OFFICE
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 has
presented the Board with a Cooperative Reimbursement Agreement
whereby the Weld County Attorney' s Office will provide back-up
legal services to the Weld County Department of Social Services
IV-D program, for the period from October 1 , 1984 , through
September 30 , 1985 , for a fee of $25 ,000 , and
WHEREAS, the Board, after review, deems it advisable to
approve the Cooperative Reimbursement 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, that the Cooperative
Reimbursement Agreement between the Weld County Department of
Social Services and the Weld County Attorney' s Office be,and
hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
November, A.D. , 1984.
�., BOARD OF COUNTY COMMISSIONERS
ATTEST: I+ ,o, ;. t3'! arypt/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, Chairman
BY: jQ� w:fe Ja. que �' a Jo •n, Pro-Tem
Deputy Counerk
EXCUSED DATE OF SIGNING
APPROVED AS TO FORM: Gene R. Brantner
EXCUSED
Ci2Chuck Carlson
County A to y// e-14i %)9'77,Uifi,w
J T. Martin
841103
ss0008
7 S, ! '
Contract Number
(State Use Only)
COOPERATIVE REIMBURSEMENT AGREEMENT
WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of October , 1984 by and
Weld County Attorney
between Thomas 0. David, (hereinafter "Attorney")
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.se9, 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 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, establish support obligations,and secure support for children
receiving AFDC and those otherwise not receiving an assistance payment within
the meaning of Federal regulations pertaining thereto upon application for
such services, and
WHEREAS, the Attorney is desirous of entering into such an agreement with the
Department;
Now, THEREFORE: The Department and Attorney, in consideration of the promises
and mutual convenants 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 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 Agreement
This agreement shall be in effect from October 1 , 1984 ,
through September 30 , 1985 , 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, Cooperative Reimbursement
Agreement Personnel; and Exhibit III, "Cooperative Reimbursement 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. Personnel
The Attorney shall identify all personnel by title, who shall provide
services pursuant to this Agreement in Exhibit II, entitled "Cooperative
Reimbursement Agreement Personnel", a copy of which is attached hereto and
made a part hereof by reference. The actual hourly wage rate, including
fringe benefits, and estimated hours and percent time, of each of these
personnel shall also be identified in Exhibit II.
5. Payment
A. Payment shall be made on the basis of Exhibit III, entitled
"Cooperative Reimbursement Agreement Budget", a copy of which is
attached hereto and made a part hereof by reference, for services
provided pursuant to Exhibit I. The Cooperative 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. The Attorney shall submit monthly billings for actual costs incurred
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 Attorney upon receipt
of such billing as follows:
1) Personal services 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) Operating expenses are determined by an allocation method
distributing costs equitably to all activities of the Attorney' s
Office. Operating expenses include supplies, materials, equipment,
printing, reproduction, rent, normal telephone charges, utilities,
repairs and maintenance.
3) Direct charges for travel 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.
4) 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.
5) Specific direct charges for other costs related to providing
services under the agreement including filing fees, long distance
telephone calls, blood tests, polygraph tests, expert witness fees,
transcripts, and services purchased from subcontractors.
•
6) 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. Attorney 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 Attorney 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
Attorney 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 attorney provides said property,
records and information to the Department, the Department shall pay the
Attorney for actual 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 Attorney 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 Attorney 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 Attorney 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 shall be used only
for the purpose intended and in accordance with Federal and State laws and
regulations.
12. Safeguarding Information
The attorney 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 Inve__igations
All official reports of cases, recoveries, investigations, studies,provided
made as a result of this agreement shall acknowledge the support
by the Department of Health and Human Services and Colorado Department of
Social 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 Attorney 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 Attorney shall be responsible for contract performance
and compliance with the terms and conditions of this agreement. The
Attorney 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 attorney and Department agree to the special provisions described in
Exhibit IV, entitled, "Cooperative Reimbursement Program Special
Provisions", a copy of which is attached hereto and made a part hereof by
reference.
20. Responsibility for Conduct of Individuals
The attorney is solely responsible for the conduct of individuals employed
by the attorney, or under the direct supervision or control of the
attorney, identified in Exhibit II, "Cooperative Reimbursement Agreement
Personnel". 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 attorney except for
acceptance or rejection of the work product of such individuals.
EXHIBIT I
SCOPE OF SERVICES
Page 1 of 2
A. Mandatory Services (Check appropriate boxes)
AFDC Non—AFDC
l, [ ± [_✓ PARENTAGE DETERMINATION - Activities related to
determining the parentage of dependent children (CRS
/ 19-6-101, et seq, 14-5-128) .
2, [ ✓ [ ESTABLISHMENT OF THE AMOUNT OF SUPPORT - Activities
related to determining the amount of an absent
parent's child support obligation including methods
and terms of payment (CRS 14-10-115, 19-6-116,
/ 19-7-103, 14-5-125) .
3. (✓] [ ] ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT -
Activities related to determining an absent parent's
legal obligation to support his/her child(ren) (CRS
14-10-115, 19-6-116, 19-7-103, 14-5-125) .
4. 1 ✓1 [ -1 URESA - Activities related to child support
enforcement reciprocal support actions (14-5-101, et
seq) .
5. 1 ✓ (---1 ENFORCEMENT - Activities to enforce the collection of
support including, but not limited to, obtaining
judgments (CRCP Rule 54) , executing post judgment
remedies (such as continuing wage garnishment - CRS
14-14-105 and 13-54-104(3) , CRCP Rule 103, property
liens - CRS 13-52-101, et seq, CRCP Rule 102, CRCP
Rule 69) , and obtaining wage assignments (CRS
14-14-107) .
6. [ 1 [
REPORTING - Activities related to providing
statistical, fiscal, and other records necessary for
reporting and accountability as required by the State
Department and the Department of Health and Human
Services (MRS) .
Page 2 of 2
B. Other services which may be performed (check appropriate box) and for
which a program plan is required:
AFDC Non-AFDC
1. [_] [__1 INTAKE - Activities associated with initial child
support case opening and information collection.
2. [_1 [_1 LOCATE - Activities associated with
locating an absent parent and assets of
the absent parent.
3. [L/1 [ ✓ FINANCIAL ASSESSMENT - Activities
related to determining an absent
parent's ability to provide support.
4. [_1 [ 1 COLLECTION - Activities related to monitoring support
payments and processing cash flow pursuant to the
Finance Staff Manual requirements.
5 [_1 [_1 INVESTIGATION — Activities related to investigation
necessary to accomplish child support enforcement
,� functions.
[ 46. [ [ 1 REPORTING - Activities related to providing
statistical, fiscal, and other records necessary for
reporting and accountability as required by the State
Department and NHS.
C. Address(s) and telephone number(s) where services will be provided:
EXHIBIT II
COOPERATIVE REIMBURSEMENT AGREEMENT PERSONNEL
I
A. Instructions
Supervisor: List the name and official title of the
who will
o will
set personnel policies, appoint new employees
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.
Supervisor Supervisor Actual Hourly Estimated Estimated
stimat d
Name Title Rate Hours
t
Thomas 0. David, County Attorney $32.34
B. Instructions
Personnel: List the name and 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.
Employee Percent Actual Hourly Estimated Estimated
Title CSE Time
Rate Hours Cost
Jan Rundus 40% $32.34 64 hours per month $ 2,069.76
Assistant County Attorney
Bruce Barker $32.34 64 hours per month $ 2,069.76
Assistant County Attorney
Mike Kelly $32.34 64 hours per month $ 2 ,069.76
Assistant County Attorney
Lee Morrison $32.34 64 hours per month $22,069 .76
Assistant County Attorney
C. Total Personnel Costs (transfer to Exhibit III, item 1) $
25 ,000.00
EXHIBIT III
COOPERATIVE REIMBURSEMENT AGREEMENT BUDGET
FOR PERIOD OF October 1 19 84 THROUGH September 30 1985
1. Total personnel costs including employee benefits.
(From Exhibit II, item C)
s 25,000.00
•
2. Operating costs (rent, utilities, telephone,
supplies, etc. (itemize)
$
3. Travel (itemize by purpose)
$
4. Training Costs (itemize)
5. Specific Direct Costs (itemize)
$
6. Other expenses (itemize)
$
Total Costs $ 25 ,000.00
COOPERATIVE REIMBURSEMENT AGREEMENT SPECIAL PROVISIONS
17 j
The attorney will be physically present at the IV-D office
eight to sixteen house per week.
Participate in educating and training the Unit on legal issues
and terminology.
Advise the IV-D Administrator of changes , legal issues or problems
as they occur.
Adhere to the written procedures in the IV-D Manual to insure
timely and efficient processing of legal documents .
Advise the Courts of issues that may impact the Courts.
Provide documentation in the case file on the contact sheet of
all activity and miscellaneous contacts occurring during the time
the case was refferred to the attorney.
Maintain a log of cases worked and time sheets for auditing
and billing purposes.
IN WITNESS WHEREOF
Department and Attorney have 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 of the agreement.
/Ate-t HA /
Co y Director Date
2/Ay ,`Ac,. _-- a-44--- * i iA3 !ri
Date Member County Board of Dade
A torney Social Services
w.n n ^
mber ounty and of . Date
Social ihve
Services
APPROVED: SRICHARD ICHE O COLORADO U5..14_^ * �Da e/ '/
D. LA?Ri, GOVERNOR {l ,3/ffi
Member County Board of £
Social Services
Chuck Carlson excused
// orfrdretorrterr;_do Dept. of Social Service A a.1
O^CER
L_. '/ .13
Jf
12,:::Ki C dry CITY
* If the Board of Social Services resolves to empower the Chairman of the
is agreement or Board of Social Services o of the er into and sign Board's resolution to do so must be attached.
Commissioners then a copy
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