HomeMy WebLinkAbout941321.tiff RESOLUTION
RE: APPROVE CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES WITH
STANLEY C. PEEK AND AUTHORIZE CHAIRMAN TO SIGN
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 Board has been presented with a Child Support Enforcement Agreement
between the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Department of Social Services, and Stanley C. Peek, commencing
January 1, 1995, and ending December 31, 1995, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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, ex-officio Board of Social Services, that the Child Support Enforcement
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Social Services, and Stanley C.
Peek be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of December, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: it/ a) 7 f!1 WELD COUNTY/COLORADO
44 Weld County ler to ffie voar 43 � 1 2
W. H. Webster, Ch Irma
BY: ( a .( e'L 7'/ J� .r ti _'_,,- ; K' •
Deputy Clerk to the Board Dale .k Hall, Pro-Tem/
APP ED AS TO FORM: f T
/
eorgeaxter
r �/
County Attorney Co stance L. Harbert
A " Csi A'A 44 y -4LJ
arbara J. Kirkmey r O
941321
SS0018
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STATE OF COLORADO
COLORADO DEPARTMENT OF HUMAN SERVICES OF c0Z0
1575 Sherman Street �0
Denver Colorado 80203-1714 N
Phone(303)866-5700 ■
TDD(303)866-6293
FAX(303) 866-4214 t 1876
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen
March 15, 1995
Managing Director
Judy Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
Dear Ms. Griego:
This letter is to inform you that the 1995 Purchase of Legal Services Agreement between Weld County
Department of Social Services and Stanley Peek has been approved by this office.
As you are aware, Volume 6, Section 6.110.23(B) was revised effective October, 1994 to require
expenditures to be reported to the state office no later than the 6th working day after the end of
the quarter the costs were incurred. Your agreement has been approved although the contract
you used was the previous version and does not contain the revised language. We recommend
that you contact your contractor(s) to ensure that the reporting requirements are met.
If you have any questions, please call Dan Welch at 866-5996.
Sincerely, Al2
Kathryn A. Stumm, Director
Division of Child Support Enforcement
cc: Patrick Lyness, Field Administrator
Stanley Peek, Esq.
Nancy Lawson, IV-D Administrator
Building Partnerships to Improve Opportunities for Safely,Self-Sufficiency,and Dignity for the People of Colorado
WELD • 6a y 3
County Contract Number
Department of Social Services (State Use Only)
CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES
{ 1 Cooperative Reimbursement Agreement (FORM CSE-1)
{X} Purchase of Legal Services Agreement. (FORM CSE-2)
( } Purchase of Services Agreement. (FORM CSE-3)
( } Renewal of Agreement (FORM CSE-5)
How was this Agreement procured?
1. ( } Competitve Sealed Bid or Competitive Negotiation
2. {X} Small Purchase or( } Non-Competitive Negotiation
(if 41 list date procured: /_/ )
This agreement is executed as of 01 / 01 / 95 by and between
Stanley C. Peek (hereinafter "Contractor") and the
Weld County Department of Social Services
(hereinafter"Department");
01 01 95 12 31 95
This Agreement shall be in effect from / /_through / / and
shall not exceed twelve(12)months.
The Department, under Part D of Tide IV of the Social Security Act,45 CFR 92,232, 301 through 307,and 26-13.101,et.seq.,
C.R.S.,has been delegated responsibility for the development and implementation of a program to secure support and establish
patemity for any person(s) eligible for IV-D services within the meaning of Federal regulations, and
The Department desires to enter into an agreement with the Contractor to: 1) assist the Department in providing the services
necessary to establish paternity,establish support obligations,and secure support for any person(s)eligible for IV-D services with
the meaning of Federal regulations,and 2)assist in other child support enforcement matters of common concern to the Department
and the Contractor,and the Contractor desires to enter into such an agreement with the Department
The Department and the Contractor therefore agree as follows:
1. Scone of Services
Services shall be provided by the Contractor to any person(s) eligible for IV-O services in compliance with Exhibit I
"Scope of Services', a copy of which is attached and incorporated by reference.
CSE.I,CSE-Z CSE-3.CSE-5(REwsED 1'94)
CSE-AGREEMENT FOR SERVICES PAGE2
2. Personnel
The-Contractor_shall identify inixhibit II°Comoutafion of Personnel Costs for Services'all personnel by title wro provide
services pursuant:o this Agreement . -A copy of_tnibit it is-artachec tachec add incorporatec by reference.
The addition or celedc❑of personnel iistec in Exnlbit it of this Agreement must be accomplished by a memorandum with
an updated Exhibit II submitted by the Contractor,within ten (10)days of any changes of positions, to the Department
and subject to approval of the Executive Director.-Colorado Department of ScdalServices..crdesicnm, The new Exhibit
must comply Wit :he requirements of this paracraon two (2).
3. ?vment
a. Payment shall be mace on the basis of Exhibit III, "Agreement Budget', a copy of which is attached and
incorporated by reference.
Tie Agreement Budget shall establish the maximum reimbursement which will be paid from combined county,
and'Federal funds during the duration of this agreement.
b. Tie Contractor shall submit an itemized monthly billing to Me-Department for ail costs incurred pursuant to
Emibit I or this Agreement in accordance with the rules and regulations of the Colorado Department of Soc:al
Services. Eiilincs shall be submitted on Form 5310.211,Statement of Monthly Amcuns Cue for Child Support
Enforcement and Paternity Determination. The Contractor snail submit all itemized mcnmuy billings and Form
-5310.211 fo he Department no later than the fifteenth(15)day of the month following me montt me cost was
incurred. Eiillncs, including the Form 5310.211, must be signed by the Contractor.
silure to submit monthly billings and Form 5310.211 in accordance with the terms of this agreement snail
result in the Contractors forfeiture of all rights to be reimbursed for such expenses.
c. Payments to the Contractor shall be made monthly by the Department upon receipt of such itemized billings
as follows:
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1) Personal Services - Actual costs (wages-or salaries and employee benefits) determined by
muitiplying the number of hours worked by the Attorney and hisrher employees to provide services
under this Agreement by their actual hourly rates including employee benefits. For staff providing
full-time services under the Agreement current job descriptions of their resoonsibiiities shall
substantiate biilings. For staff providing part-time services under the Agreement, time sheets
documenting ail time used working on IV-0 cases shall substantiate biilincs.
2) Operating Expenses - (applicable to Cooperative Reimbursement Agreements only) Operating
• expenses incude supplies, materials, equipment, printing, reprccucton, rent, normal telephone
charges, utilities,repairs and maintenance. Charges for operating expenses snail be substantiated
' by an allocation method distributing costs equitably to all units of the Distinct, Counr/ or City
Attorney's office. •
3) Non-legal Services - Costs are determined by multiplying the rate shown in Exhibit II by the
estimated number of hours or estimated number of services to be provided. Costs are substantiated
by pertinent records of services completed.
d) Travel - Reimbursement for the Contractor and staff time spent in traveling shall be negotiated
between the Contractor and the Department. Costs shall be substantiated by records(such as bills,
tickets, etc.)indicating the dates, purposes, destinations, and costs of such travel.
5) Training - Reimbursement for Contractor and staff for cost of and time spent in training shall be
negotiated between the Contractor and the Department. Costs shall be substantiated by records
indicating the dates,training subjects,and costs of such training. In the event such training is mace
mandatory by the Department.such charges shall be reimbursed.
-6) Specific actual expenses - Other costs related to providing services uncer the Agreement may
include long distance telephone calls, blood tests,polygraph tests, expert witness fees, transcripts.
and services purchased from subcontractors. Costs shall be substantiated by records indicating the
reasons and the dates of the charges.
CSE-,. AGREEMENT FOR SERVICES PAGE 3
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the availability of federal funds to the
Colorado Department of Social Services and the Department.
e. The Department shall not be billed for,and reimbursement shall not be made for,time involved in activities outside of those defined
in Exhibit I.
-4. Termination for Convenience or for Cause
This Agreement may be terminated with or without cause by either parry upon written notice of at least thirty(30)days citing reason(s) for
termination. Upon such termination,the Contractor shall fumish to the Department,as property of the Department,all property,records and
pertinent information which the Department provided under this agreement Upon receipt of said items, the Department shall pay the
-Contractor for actual costs incurred through the date this Agreement is terminated in accordance with section 3"Payment"of this Agreement.
3. Amendment
This Agreement may be amended by mutual consent,provided that the amendment is written 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 designee; however, the State of Colorado, the Colorado Department of Social Services and the Executive Director, or
designee,are not party to this Agreement.
3. Reports. Records. and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado Department of Social Services' rules to
assure a proper accounting for all costs and funds collected. These records shall be made available for audit purpose to the U.S.Department
of Health and Human Services„the State Department,or the County Department,and shall be retained for six(6)years after the expiration
of this agreement unless permission to destroy them is granted by the Colorado Department of Social Services. The Contractor shall submit
financial, program progress and other reports as requested by the Department or the Colorado Department of Social Services.
7. Eouioment Purchased with Federal.State and County Money
Title to all equipment acquired by the Contractor under this agreement at a cost of$500 or more for which the Contractor is reimbursed by
the Department shall vest in the Department. Upon termination of this agreement,the Department may require the Contractor to deliver to
the Department any such equipment acquired for the performance of this agreement
8. Confidentiality
Information provided by the Department for purposes of this Agreement shall be used only for the purpose intended and in accordance with
federal and state laws and regulations.
g. Political Activities
None of the funds, materials, property, personnel or services contributed by the United States, the State of Colorado, the Colorado
Department of Social Services or the Department 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 five(5)U.S.C.Sections 1501 et.seq.
10. Safeguarding Information
The Contractor shall provide for the security of information collected pursuant to this Agreement and as provided in the rules and regulations
of the Colorado Department of Social Services.
tSE-AGREEMENTfoR SERVICES .• PAGE 4'
11. Comciiance with .Applicable Laws
The Contractor snail gall times outing the execution of this Agreementstnc'tyadhere to all acciicacie federal and state
lawssnd implementing regulations as they curenglyexistand may hereafterteamended. This includesprotecton of
the confidentiality of a11 recipient/applicant records, papers, docuuments, tapes and any other materials that have been
or may hereafter be established which relate to this agreement. The-Contractor acknowledges that the!aws include Tide
V (Title-i5 Code olPederal Recuiations), and Title VII of the C:viiPiehts Act of 1954. Section 53.or the Rehaciiitation
Act of 1973, the Age Discrimination,Actof 1975, the Age Discrimination in Employment Act of 1967, the Equal-Pay Act
of 1953 and the Eoucaton-Amendments of 1-972. and ail regulations applicable to these laws pronibiting discrimination
because of race, color, national origin, handicap, age, sex-and religion.
12. Studies and Investigations
All-official reports of cases,recoveries,investigations,studies,etc.,madeas a result of this agreement shall acknowledge
the supoort_provided by theteparunent of Health-and Human Services andihe ColoradoDepartment of Social Services.
13. Subcontracts
No subcontract shall be made by the Contractor with any other party for:umishing any services contracted ter without
me pnor written consent and-approval of the Department. For services provided under any subcontract,the Contractor
snalMe responsible for contract performance and compliance with the :eras and conditions of this agreement. The
Contractor snail select subcontractors on a competitive basis to the maximum practical extent consistent with the
objectives and requirements of this agreement.
14. Performance Standards
The Department and Contractor shall'define standards of-performance that wilt allow foranacatrate evaluation of the
services being provided by the Contractor. The standards shall be_clear and definite and be both qualitative and
quantitative in content. The standards shall provide a reliable realisticnmeans for establishing satisfactory levelsrof
performance and for-recognizing performance which is above-the expected level for rewardfincentivepurposes or for
initiating corrective action if performance has fallen-below the standard. Performance Standardsshall be provided
pursuant to Exhibit IV'Performance Standards'. A copy of which is attached and incorporated by reference.
15. -Responsibility for Conduct-of Individuals
The Contractor is solely responsible for the-Conduct of individuals employed by and under the direct supervision or control
of-Me Contractor,as identified in xhibit H, 'Computation of Personnel xcs5 for Services'. Governmental functions
provided in support of-the child support enforcement program by individuals other than those identified in Exhibit Hare
not the responsibility of-the Contractor-except for acceptance or rejection of the work product of such individuals.
16. Special-Attomev(Does not apply to Purchase of Services Agreement)
The Contractor or the Department may determine that the Contractor has a conflict of interest which will prevent the
Contractor from fulfilling or completing all the temps-of this agreement. Uponsucta determination, the Department is
authorized to hire 'special'attorney to fulfill and complete such duties. The special attorney shall be givenand act
under the same powers as the Contractor-hired under this agreement The special attorney-shall receive payment for
services from the C-ontractor under the terms of this agreement with the recuirement that the Department reimburse the
Contractor for the expense.
17. Attorney Appearance(Does not apply to Purchase of Services Agreement)
To the extent reasonable and practicable, and consistent with applicable state regulations, the Contractor agrees to
appear in proceedings before the courts of his county an behalf of other County Departments when authorized by the
Department
CSE--AGREEMENT-FOR SERVICES PAGE-5
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The Departmentand Contractor have therefore 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/her designee; however,the State of Colorado, the Colorado Department of Social Services,the Executive Director, or his/her
designee,are not parties to this-agreement. -
. ql,tUr "Mir
Coucrty net D to
contractor Date Def ��Unry 10 1 r 7,57, :0i/
Commissioners ' p
Type Name,Address, and Phone Number:
• (of Contractor)
moer, County Darn �ateY
Me
Stanley C. Peek Commissioners '
Attorney at L-aw
822 7th Street, Suite 330
Greeley, CO 80631 l l
303-352-8611 �un
ember,Coty Board /0/e
Commissioners'
jI
Memoer,,oenfy Boam or veto
Commissioners '
APPROVED: DTATE OF COLORADO J2
Roy Romer, Governor d
ember, untntyyooard or �ate
�!r /j _3� s--
,, Commissioners' ate/
Commissioners'
ecuhve Ircrctor(or esignee)
Colorado Department of Social Services
• if the Board of County Commissioners resolves to empower the Chairperson_of the Board of County
Commissions to enter into and this Agreement for the County Commissioners then a copy of_the Board's
resolution to do so must be attached.
CSE-AGREEMENT FOR SERVICES PAGE 6
EXHIBIT I •
SCOPE OF SERVICES
Services which may be induced in all Cooperative and-urcnase of gal Services Agreements (Does not sooty for P'urcnase of
Servicesagreements):
( x I FAREN T AGE 'DE I E.MINA T iCN • activites related to determining the parentage of cecenoant children.
X } ESTABUSHMENT OF THE!EGAL OBLIGATION TO SUPPORT- activities related to determining an absent
parent's legai obligation, both finencfaily-0nd medically, to support his or her depencent cmidren; incucing
paternity determination when necessary-and modification of court orders when appropriate.
{X } ESTABLISHMENT OF-THE AMOUNT OF SUPPORT - activities related to determining an absent parent's
support obligation, including methods and terms of payment
D. (X } UNREEMBURSEDPUBUCASSIST-ANC=-activities related toesablishingand collecting unreimbursedpublic
assistance owed to the State of Colorado.
E. { } URESA(Colorado Initiating)-activities related to the initiation of&lid support enforcement reciprocal-support
actions. If a private attorney provides theseservicss, theccunty must submit, with tie Acreement, proof of
cacutizaticn of the privateartome,y by the District Attorney.
F. ( } URESA (Colorado-Responding) -activities related to the processing of child support enforcement reciprocal
support actions initiated by other jurisdictions. Ifa private attorney provides theseservices, the county-must
submftmroof,with the Agreement, of deputization of the private attorney by the District Attorney.
G. (X } ENFORCEMENT-activities to enforcettttesollection of support including,iut-not limited to,obtaining wage
assignments,mbtainingjudgments,executing post-judgment remedies(such as continuing wage garnishments,
and property liens).
H. ( } REPORTING - activities related to providing statistical fiscal, andMther records-necessary for reporting and
accountability as required bylheState Department and U.S.-Department of Health and Human Services.
( } INTAKE •activities assocated-with initial child support casetoeningand information collection.
J. ( ) LOCATE -activities associated with locating an absent parent and locating theasse s can absent parent.
K. ( X) FINANCIAL ASSESSMENT•activities related to determining an absent parents ability to provide support.
L ( } COLLECTION •activities related to-monitoring support payment.
M. ( } INVESTIGATION -activities related to investigation-necessary to-accomplish child support enforcement
functions.
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CSE - AGREEMENT FOR SERVICES PAGE 7
-EXHIBIT II
COMPUTATION OF -PE-RSONNEL COSTS FOR SERVICES
A. _Supervisor
List the 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, estimated-numbermf his/her hours to be charged under this agreement, and
estimated-expenses.
Actual Hourly Estimated Estimated
Title Rate Hours Expenses
Attorney $75.730 66 $ 4950.0D
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B. Personnel
List the-official title of all personnel mho will_be providing services under this agreement. Also list-his/her
actual hourly rate including employee benefits, estimated number of his/her hours to be charged under this
agreement,and estimated expenses.
Actual Hourly Estimat-ed Estimated
Title Rate Hours Expenses
n/a
C. For non-legal services indicate below the method of determining the expense for services -provided.
Expenses may be an hourly sate or a specified dollar amount for each service provided. Expenses are determined
by multiplying the ratealeveloped by the estimated number of hours or estimated number of services to be provided.
D. Total personnel or Services Tsxpenses $4,350.00
CSE - AGREEMENT FOR SERVICES PAGE B
EXHIBIT III
AGREEMENT BUDGET
FOR TEE _PERIOD JANUARY 1, 1995 THROUGH DECEMBER 31, 1995
1. Personnel _or Services Expenses, including employee benefits.
$ 4,930.00
2. Travel Expenses $ 50.00
3. Training Expenses $ 0.00
4. Operating Expenses $ 0.00
5. Specific Actual Expenses:
a. automated Data Processing $ 0.00
b. Office Space $ 0.00
c. Capital Outlay $ 0.00
d. Blood Tests $ 0.00
e. Other (specify) $ 0.00
Total Specific Actual Expenses: $ 0.-00
6. TOTAL EXPENSES $ 5,000.00
CSE - AGREEMENT FOR SERVICES PAGE 9
EXHIBIT IV
PERFORMANCE STANDARDS
List standards of performance that will allow for an accurate evaluation of the services being provided by the
Contractor:
Mr. Peek is a private attorney licensed to practice law in the State of Colorado.
Bruce T. Barker, Weld County Attorney, is normally responsible for representing
the Department of Social Services in matters of Child Support Enforcement. On
occasion, the County Attorney's office will have cases that are a conflict of
interest for County Attorney staff. Mr. Peek agrees to assume responsibility for
these cases.
The Contractor will maintain a lag of cases worked and time sheets for auditing
and billing purposes. Itemized monthly billings shall be submitted to the
Department no later than the fifteenth (15) day of the month following the month
the cost was incurred.
4.7ea
DEPARTMENT OF-SOCIAL SERVICES
P.O. BOX A
GREELEY,COLORADO 80632
WI I Administrationand Public Assistance(303)352-1551
Child Support(303)352-6933
Protective and Youth-Services(303)352.1923
Food Stamps(303)356-3850
FAX(303)353-5215
COLORADO
TO: W. H. Webster, Chairman, Board of Weld
County Commissioners
FROM: Judy A. Griego, Director, Social Service
SUBJECT: Agreement Between the WCDSS and the Weld , un y Att ey
for Child Support Purposes
DATE: December 22, 1994
Enclosed _for Board approval is _an Agreement between Weld County Department of
Social Services and Stanley C. Peek, Attorney at Law.
1. The term of the Agreement is January 1, 1995, through December 31, 1995.
2. The maximun reimbursement amount is $5,000.DO, which is the same _amount
under the 1994 contract.
3. Mr. Peek win provide legal representation in matters of Child Support
Enforcement if a conflict of int-erest exists for the Weld County Attorney's
office.
If you have any questions, please telephone me at extension 6200.
941321
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