HomeMy WebLinkAbout850495.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND INVESTIGATIONS,
LTD. CONCERNING OBTAINING LEGAL SERVICE OF PROCESS
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, and
WHEREAS, an Agreement for said process services between Weld
County and Investigations, LTD. has been presented to the Board
for its approval, and
WHEREAS, the term of said Agreement is from February 26 ,
1985 , to February 25 , 1986 , with the further terms and conditions
being as stated in the Agreement, a copy of which is attached
hereto and incorporated herein by reference, and
WHEREAS, the Board, after study and review, deems it
advisable to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement between
Weld County and Investigations, LTD. for legal service of process
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign same.
r7 Sot 1 ' 850495
Page 2
RE: SERVICE OF PROCESS AGREEMENT - INVESTIGATIONS, LTD.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
March, A.D. , 1985 .
‘741 /� ``�� -/- BOARD OF COUNTY COMMISSIONERS
ATTEST: lT�lAl/W�fLo�/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder o "mp,nti_
and Clerk to the Board cque 'ne Jo on, Chairman
EXCUSED DATE OF SIGNING - AYE
Dy/c � Gene R. Brantner, Pro-Tem
eputy County Clerk (�
APPROVED AS TO FORM: C.W. K
G d cy
ounty Attorney c
Frank Yam uch
Contract Number
(State Use Only)
PURCHASE OF SERVICES AGREEMENT
WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of FPbruary ?6 , 1935 by and
between Tnvacti?tinnc, ' in (hereinafter "Services Provider")
and the 1.6=1H 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 February 26 19 85
through February 25 , 19 86 , 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 thin 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 Honey
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.
46.-4,:_e_ n,"*„..........z.....e., ,3/27t)
'
uy Direct r Date A-6)-C29 ( i CAD--)7—"SS o c��.�) N Q & cer_ . x
Services Provider Date mbeA.County Shard of Date
Del Cesko Social Services
Investigations, LTD.
Greeley, Colorado 80631
,Leit gat,- x
Member County Board of Date
Social Services
I
APPROVED: STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
e
x
Memb -C Tit oa 'f Date
Social Services '
O7
,- bffe411r-e5,7
Executive Director Date Date
Colorado Dept. of Social Services
77; y2<
j Date
* 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.%Al'1'h,ST: • JAJLt �
Weld County Clerk and Recorder
and Clerk to j the Bo
By: �(W,,s e //
Deputy unty . rk
EXHIBIT I
SCOPE OF SERVICES
(Itemize below the services to be provided pursuant to this agreement. )
The Board of County Commissioners through its Department of
Social Services operates an Office of Child Support Enforcement,
hereafter referred to as C.S.E. The Office of C.S.E. , to perform
its function , requires that it contract with Process Servers to
obtain legal Service of Process.
DUTIES OF PROCESS SERVING FIRM
Upon the request of the C.S.E. Unit, the Process Serving Firm
shall obtain legal Service of Process upon individuals who are named
as Respondents or Defendants in child support actions . Using information
• provided by the C.S. E. Unit, it shall be the responsibility of the
Process Serving Unit to ascertain that the correct party is served
and the Process Serving Firm hereby agrees that it is responsible
for incorrect Service if the information supplied by the C.S.E.
Unit is not properly used.
DUTIES OF THE CHILD SUPPORT ENFORCEMENT UNIT
The C.S.E. Unit agrees to provide a correct date of birth and
a good physical description of the individual to be served by the
Process Serving Firm. The C .S.E. Unit 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 C.S.E. Unit may, at any time, select one or more individuals
or firms to be Process Servers for any geographical area.
EXHIBIT II
COMPUTATION OF COST FOR SERVICES
(Indicate below the method of determining the cost for services provided. )
COMPENSATION
For documents requiring personal service a fee of twenty dollars ( $20.00)
shall be paid for each successful service of process. In addition to the fee,
roundtrip mileage will be paid at the rate of twenty cents per mile.
For documents not requiring personal service a fee of Fifteen Dollars
($15.00) shall be paid for each successful service. In addition to the fee,
roundtrip mileage will be paid at the rate of twenty cents per mile.
Payment of fees shall be made only if service of process is successful.
No fee shall be paid if service is not successful.
For the purpose of this contract documents requiring personal service are
subpoenas, Contempt Citations, Summons with Subpoena, Wage Assignments and
Garnishments.
Roundtrip mileage will be considered travel from service providers
Greeley Office to respondents location and return trip to Greeley.
Payment of mileage allowance shall be made whether service is successful
or unsuccessful.
Total Services Cost $ 2,000.00
(Transfer the total to Exhibit III, PURCHASE OF SERVICES AGREEMENT BUDGET.)
EXHIBIT III
PURCHASE OF SERVICES AGREEMENT BUDGET
FOR PERIOD OF March 1, 19 THROUGH y,
Fehruar 28, 192_EL.
1. Services costs. (From Exhibit II)
$ 1,000.00
2. Travel (itemize by purpose)
$ 1,000.00
3. Training Costs (itemize)
$ N/A
4. Specific Direct Costs (itemize)
$ N/A
5. Other expenses (itemize)
$ N/A
Total Costs $ 2,000.00
EXHIBIT IV
PURCHASE OF SERVICES SPECIAL PROVISIONS
1 . 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.
2. CONFIDENTIALITY
The Process Service 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.
3. Contractor agrees that it is an independent contractor and
that its officers and employees do not become employees of the County,
nor are they entitled to any employee benefits as County employees
as the result of the execution of this agreement.
4. Contractor shall indemnify the 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 the 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.
5. 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.
6. Contractor may not assign or transfer the approved agreement,
any interest therein or claim thereunder without the prior written
approval of the County.
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