HomeMy WebLinkAbout850496.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND MARY A. NOLDE
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 Mary A. Nolde has been presented to the Board for its
approval, and
WHEREAS, the term of said Agreement is from March 1 , 1985 , to
February 28 , 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 Mary A. Nolde 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.
_ss 850496
Page 2
RE: SERVICE OF PROCESS AGREEMENT - NOLDE
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 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: T WELD COUNTY, COLORADO
•
Weld County Jerk and Recorder .
and Clerk to the Board J:cqu Z ine Jo son, C airman
EXCUSED DATE OF SIGNING - AYE
Gene R. Brantner, Pro-Tem
putt' County C e
APPROVED AS TO FORM: C.W. Ki 2�t
• or c
County Attorney
Frank Ya uch'
Contract Number
(State Use Only)
PURCHASE OF SERVICES AGREEMENT
WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of March 1 , 1985 by and
between Mary A. Nolde (hereinafter "Services Provider")
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 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 March 1 , 19 85 ,
through February 28 , 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
1 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 S
entitled, "Payment".
B. 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 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. Ecuioment Purchased with Federal, State and County Money
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.
f '&/7 ' 3/24r
Co ty Director Date
17PO = Cs.t-cyksAhtrwo \MApm� *
Services Provider Ifate a ber County Boa of Date
_�/ / Social Services
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AV' 1(i 6-cat
Member County Board of Date
Social Services
APPROVED: STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
He a ty ar Date
Social Services
r/4147:<file:7-7:
Date
Executive Director :Date
Colorado Dept. of Social Services
/61, /It
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.
Arl'±ST:
Weld County Cl rk and Recorder
and Clerk to the Rnar
Boar
By:
Deputy County Cller3
ETA?EIS 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 Enforce-
ment, 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 physicial 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
Berthoud Area Home to the respondents location and return trip home.
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, 85 February 28, 86
19 THROUGH19
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 serving 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 agree-
ment.
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 agree-
ment 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
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