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HomeMy WebLinkAbout830926.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, during 1984 for a fee of $1, 000 , and WHEREAS, the Board, after review, deems it advisable to ap- prove 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 Com- missioners of Weld County, Colorado that the Cooperative Reimburse- ment Agreement between the Weld County Department of Social Ser- vices 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 30th day of November, A.D. , 1983. n `yQ�,- BOARD OF COUNTY COMMISSIONERS ATTEST: [L '�'" y�,/ WELD COUNTY, COLORADO Weld County Clerk and Recorder 01-"-°P and Clerk to the Board Chuck Carlso , Chairman By: ,� ( , � 0A Z. EXCUSED Deputy County Clerk John T. Martin, Pro-Tem APPROVED AS TO FORM: SO Gene R. Brantner - C5C /„.--C County Atto ey Norman Carlson J cqu ine Jo son 'A:Dept. S.S. DAY FILE: December 5 , 1983 A:Dept. C.A 830926 ,.. _ . [ (2,,,. 61" DEPARTMENT OF SOCIAL SERVICES PHONE(303)352-1551 �� NN P.O. BOX A GREELEY, COLORADO 80632 COLORADO November 17, 1983 Mr. James 0. Galeotti , Chief Division of Child Support Enforcement Colorado Department of Social Services 1575 Sherman Street Denver, CO 80203 Re: COOPERATIVE REIMBURSEMENT AGREEMENT Dear Jim: Attached is Form CSE-5 requesting renewal of the Cooperative Reimbursement Agreement with County Attorney Tom David. This is the agreement which states that Mr. David's office would cover any Court hearings if our IV-D staff attorney was ill or absent for some reason. The terms and conditions remain the same as 1982. The 1984 budget is attached. Thank you for your cooperation in this matter. Sincerely, .-6////..‘2 _ sY &A-1,10€A— David L. Huffman IV-D Administrator Weld County Social Servcies Elne McKenna, Director DLH/jl Enclosure RENEWAL OF AGREEMENT • 1. COUNTY: Weld 8011 -A Contract Number 2. NAME & ADDRESS OF CONTRACTOR: Thomas 0. David Weld County Attorney Greeley, CO 80631 3. EFFECTIVE DATE OF ORIGINAL AGREEMENT TO BE RENEWED: 3 / 9 / 82 Month Day Year 4. THE ABOVE AGREEMENT IS HEREBY EXTENDED FOR AN ADDITIONAL 1 year, _ months and _ days, COMMENCING January , 1 , 1984 and Month Day Year endingDecember, 31 , 1984 . Month Day Year 5. THE ABOVE AGREEMENT IS RENEWED PURSUANT TO EXHIBIT II AND III, ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. ` SIGNATURES 6. CONT TOR 7. 59 N Or / NE C m:-.\--7/ 7.7, 1)0e.e.C,,-7,--,3 Signature Date ignature - Date � (FIE/1".42<, 7.41 / Title /// Signature � Date/ Sage it ll CT,R ir,C3cl3 Signature Date 8. COUNTY DIRECTOR WI_--- S 0%3 S' ature Date (\S, ce C /18.043 9. APPROVAL: r� ATTEST: •' 1 STATE OF COLORADO RICHARD D. LAMM, GOVERNOR WELD-C-t3U.NTl CI.71< AAND REC ^ r AND CyJ.,K TO NE jOA.r": by Executive Director Date BY Department of Social Services D P County Clem l CSE-S(6/83) (8011-A) EXHIBIT II COOPERATIVE REIMBURSEMENT AGREEMENT BUDGET for period of January 1 , 1984 through December 31 , 1984. 1 . Tom David - County Attorney Back up Contract $1 ,000.00 Contract Number (State Use Only) COOPERATIVE REIMBURSEMENT AGREEMENT Weld COUNTY DEPARTMENT OF SOCIAL SERVICES This agreement is executed as of ,7anuary , 1984 by and 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.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 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 January 1 1984 , through December 31 19 84, 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,P y, 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 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. 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. 4 &7fr Ø7Av C y Director n orney Dat d * a Date Member County Board of Date Social Services Hkile144/976-001."4.. .-- /�FY Member County Board of Date Social Services APPROVED; STATE OF COLORADO RICHARD D. LAMlS, GOVERNOR i 1.H-mber ounty and of Date ocial Services 5./1 Lt. • 11O1121ww Ø/t y - c 9(�/ , (j=/7E ecutive Director Colorado Dept. of Social Services I * 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. EXHIBIT I SCOPE OF SERVICES Page 1 of 2 A. Mandatory Services (Check appropriate boxes) AFDC Non—AFDC �1. [�) [ PARENTAGE DETERMINATION - Activities related to determining the parentage of dependent children (CRS 19-6-101, et seq, 14-5-128) . 2. 1 J [1] 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. ( VI [ "] 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. [V) [±] URESA - Activities related to child support enforcement reciprocal support actions (14-5-101, et seq) . 5. [ ] [ �' J 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) , CRC? 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%7] [ 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 (HHS) . 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. [_I [_1 INTAKE - Activities associated with initial child support case opening and information collection. 2. [_I [_1 LOCATE - Activities associated with locating an absent parent and assets of the absent parent. 3. [ ") [11 FINANCIAL ASSESSMENT - Activities related to determining an absent parent's ability to provide support. 4. [_1 1_1 COLLECTION — Activities related to monitoring support payments and processing cash flow pursuant to the Finance Staff Manual requirements. S. [_1 [_] INVESTIGATION - Activities related to investigation necessary to accomplish child support enforcement functions. 6. [!4J [ t REPORTING - Activities related to providing statistical, fiscal, and other records necessary for reporting and accountability as required by the State Department and HHS. C. Address(s) and telephone number(s) where services will be provided: EXHIBIT II COOPERATIVE REIMBURSEMENT AGREEMENT PERSONNEL A. Instructions 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, the estimated number of his/her hours to be charged under this agreement, and estimated cost. Supervisor Supervisor Actual Hourly Estimated Estimated Name Title Rate Hours Cost Thomas 0. David County Attorney $37 .70 8 hours $300. 00 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 Lee Morrison 2% $37 .70 9 $350 . 00 Assistant County Attorney Bruce Barker 2% $37 ,70 9 $350. 00 Assistant County Attorney C. Total Personnel Costs (transfer to Exhibit III, item 1) $ 1 , 000. 00 EXHIBIT III COOPERATIVE REIMBURSEMENT AGREEMENT BUDGET FOR PERIOD OF January 1 , 1984 THROUGH December 31 , 1984 1. Total personnel costs including employee benefits. (From Exhibit II, item C) $ 1 , 000. 00 2. Operating costs (rent, utilities, telephone, supplies, etc. (itemize) s N/A 3. Travel (itemize by purpose) • $ N/A 4. Training Costs (itemize) s N/A 5. Specific Direct Costs (itemize) N/A 6. Other expenses (itemize) s N/A 1 ,000.00 Total Costs $ EXHIBIT IV COOPERATIVE REIMBURSEMENT AGREEMENT SPECIAL PROVISIONS 17 County Attorney Thomas 0, David agrees to provide an Assistant County Attorney to cover court hearings in the event that our IV-D Staff Assistant is ill or absent for any reason, Hello