HomeMy WebLinkAbout941322.tiff RESOLUTION
RE: APPROVE CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES WITH
WELD COUNTY ATTORNEY 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 the Weld County Attorney,
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 the Weld
County Attorney 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.
y� o //^ BOARD OF COUNTY COMMISSIONERS
ATTEST: C 1.1 ` WELD COUNTY, COLORADO
Weld County Clerk to the Boar " / '1 it 1/4
7 I / f 717
W. H. Webster, Chairm
•
BY:(/� /�d; _,j-=rr,ti
Deputy Clerk to the Board Dale Kiliall, Pro-Tem �L
APPR D AS TO FORM:
r a7eorg1-.-
e after
ounty Z; ney Constance L. Harbert
arbara J. Kirkmey r
941322
SS0018
STATE-OF COLORADO
COLORADO DEPARTMENT OF HUMAN SERVICES — =�
�OF COO
1575 Sherman Street (1 r r^ ['{�. �' �� �%
Denver Colorado 80203-1714 t t c t
Phone(303)866-5700 //
TDD(303)866-6293
FAX(303) 866-4214
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen Beye
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 Cooperative Reimbursement Agreement between Weld
County Department of Social Services and the Weld County Attorney, Bruce T. Barker, has been
approved by this office.
If you have any questions, please call Dan Welch at 866-5996.
Sincerely,
,..ageeia:420#222)
Kathryn A. Stumm, Director
Division of Child Support Enforcement
cc: Patrick Lyness, Field Administrator
Bruce T. Barker, Weld County Attorney
Nancy Lawson, IV-D Administrator
Building Partnerships to Improve Opportunities for Safety,Self-Sufficiency,and Dignity for the People of Colorado
• # Qg1d
WELD County Contract Number
Department of Human Services (State Use Only)
CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES
{O4 Cooperative Reimbursement Agreement (FORM CSE-1)
( } 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. { } Small Purchase,less than$10,000 or[ )¢Non-Competitive Negotiation due to{ }sole
source { }public emergency (attach explanation) (X)Agreement is with City,-County, or
District Attorney
(if#1 list date procured: /
This agreement is executed as of 01 95
/ gl
/ by and between
BRUCE T. BARKER (hereinafter "Contractor") and the
WELD County Department of Human
Services (hereinafter "Department");
12 -9531
This Agreement shall be in effect from 01 / 01 / 95 through / / and
shall not exceed twelve(12) months.
The Department, under Part D of-Title 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
paternity 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 o matters person(s)
o common concerneligible
IVto the Department
-and services with
the meaning of-Federal regulations,and 2)assist in other child support
-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. Scooe of Services
Services shall be provided by the Contractor to any person(s) eligible for IV-D services in compliance with Exhibit I
"Scope of Services", a copy of which is attached and incorporated by reference.
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CSE-1,G5EE-2.CSE-3,CSE.5(REVISED 11/94)
CSE - AGREEMENT FOR SERVICES PAGE2
2. Personnel
The Contractor shall identify in Exhibit II"Computation of Personnel-Costs for Services"all personnel by title who provide services pursuant
to this Agreement. A copy of Exhibit II is attached and incorporated by reference.
The addition or deletion of personnel listed in Exhibit II 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 Human Services, or designee. The new Exhibit II must comply with the requirements of this paragraph
two (2).
3. Payment
a. Payment shall be made on the basis of Exhibit III,"Agreement Budget",a copy of which is attached and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from combined county and Federal funds
during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to the Department for all costs incurred pursuant to Exhibit I of this
Agreement in accordance with the rules and regulations of the Colorado Department of Human Services. Billings shall be
submitted on Form 5310.211, Statement of Monthly Amounts Due for Child Support Enforcement and Paternity Determination.
The Contractor shall submit all itemized monthly billings and Form 5310.211 to the Department prior to the sixth (6) day of the
month following the month the cost was incurred. Billings, including the Form 5310.211, must be signed by the Contractor.
Failure to submit monthly billings and Form 5310.211 in accordance with the terms of this agreement shall result in the Contractor's
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:
1) Personal-Services -Actual 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. For staff providing full-time services under the Agreement current job descriptions of their
responsibilities shall substantiate billings. For staff providing part-time services under the Agreement, time sheets
documenting all time used working on IV-D cases shall substantiate billings.
2) Operating Expenses - (applicable to Cooperative Reimbursement Agreements only)-Operating expenses include
supplies,materials,equipment,printing,reproduction,rent,normal telephone charges,utilities,repairs and maintenance.
Charges for operating expenses shall be substantiated by an allocation method distributing costs equitably to all units
of the District,County 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 am substantiated by pertinent records of services completed.
4) 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 made mandatory by the Department,such charges shall be reimbursed.
-6) Specific actual expenses-Other costs related to providing services under 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?
6) Specific actual expenses - Other costs related to-providing services under the Agreement-may
- include longtistance 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.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon theavailability of
federal funds to the Colorado Department of Human 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 inixhibit I.
4. Termination for Convenience or for Cause
This Agreement maybe terminated with or without causety either party upon written notice of at least thirty(30)days
citing reason(s) for termination. Upon such termination, the Contractor shall furnish 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.
5. Amendment
This Agreement maybe-amended by mutual consent, provided that the amendment is written on Form CSE-4,properly
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executed and made a part-of this Agreement. All amendments are expressly made subject to the approval of the
Executive Director,Colorado Department-of HumanServices,or designee;however,the State of Colorado,the Colorado
Department of Human Services-and the Executive Director, or designee, are notparty to this Agreement.
6. Reports.-Records.-and Retention Periods
The Contractorshall maintain such records as are deemed necessary pursuant to the ColoradoDepartment of Human
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 shallte retained for six(6)years after the expiration of this agreement unless permission to destroy
them is granted by the Colorado Department of Human Services. The Contractor shall submit financial, program
progress and other reports as requested by the Department or the Colorado Department of Human Services.
7. Ecuioment Purchased with Federal, State and County Money
Tide 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 equipmentacquired for the performance of thisagreement.
8. Confidentiality
Information provided by the Department for purposesnf this Agreement shall be used only for the purpose intended and
in accordance with federal and state laws and regulations.
9. Political Activities
CSE-AGREEMENT FOR SERVICES PAGE 4
None of the funds, materials, property, personnel or services contributed-by the UnitedStates, the State of Colorado,
the Colorado Department of Human Services or theDepartment 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. Safeauardinq 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 Human Services.
11. Compliance with Applicable Laws
The Contractor shall at all times during the execution of this Agreement strictly adhere to all applicable federal and state
laws and implementing regulations as they currently exist and may hereafter be amended. This includes protection of
the confidentiality of all recipient/applicant records, papers, documents, tapes and any other materials that have been
or may hereafter be established which relate to this agreement. The Contractor acknowledges thatshe laws include Title
IV-(Title 45 Code of Federal Regulations),and Title VII of the Civil Rights Act of 1964,Section 504 of the Rehabilitation
Act of 1973, the Age Discrimination Act of 1975, the Age Discrimination in-Employment Act of 1967,the Equal-Pay Act
of 1963 and the-Education Amendments of 1972,and all regulations applicable to these laws prohibiting discrimination
because of race, color, national origin, handicap, age, sex and religion.
12. Studies and Investigations
All official reports of cases,recoveries,investigations,studies,stc.,-made as a result of this agreement shall acknowledge
the support provided by the Department of Health and Human Services and the Colorado Department of Human
Services.
13. Subcontracts
No subcontract shall be made by the Contractor with any other party for furnishing any services contracted for without
the prior written consent and approval of the Department. For seriices provided under any subcontract,the Contractor
shall be responsible for contract performance and compliance with the terms and conditions of this agreement. The
Contractor shall 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 will allow for an accurate 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 realistic means for establishing satisfactory levels of
performance and for recognizing performance which is above the expected level for reward/incentive purposes or for
initiating corrective action if performance has fallen below the standard. Performance Standards shall be provided
pursuant to Exhibit IV"Performance Standards". A copy of which is attachedand incorporated by reference.
CSE-AGREEMENT FORSERVICES PAGE 5
15. Responsibility for Conduct of Individuals
The Contractor is solely responsible for the conduct of individuals_cmployed by and under the-direct supervision or control
of the Contractor, as identified in Exhibit II, "Computation of Personnel Costs for Services". _G-ovemmental 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 Contractor except for acceptance or rejection of the work product of such individuals.
16. Special Attorney(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 terms of this agreement. Upon such-a determination, the Department is
authorized to hire a"special" attomey to fulfill and complete such duties. The special attomey shall be given and act
under the same powers as the Contractor hired under this agreement. The special£ttomey shall receive payment for
services from the Contractor under the terms of this agreement with the requirement 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 ingroceedings before the courts-of his county on behalf of other CountyDepartments when authorized by the
Department.
CSE-AGREEMENT FOR SERVICES PAGE 6
The Department and 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 ExecutiveDirector, Colorado Department of Human Services.
or his/her designee; however, the State of Colorado, the ColoradoDepartment of Human Services, efxec tive Director, or
his/her-designee, are not parties to this agreement.
ate
co rx-ira ctr
q4 ��9 / ' 42,08.,A
�
C ;;cdy ate / Memoer, aunty Boardnt Date
Commissioners '
Typ ame, Address, an Phone Number:
(of Contractor) �\
J J /L�ze'kT
Memper, ounty 8o rd of • Date
BRUCE T. BARKER Commissioners'
915 TENTH SIRE-ET
GRE-ELEY, CO 80631
303-356-4000 .
Y //4 %L/'2Øemoerounty r� oa
Commissioners
/At-
r ounry Board or Date
Commissioners •
APPROVED: STATE OF COLORADO
Roy-Romer, Governor c r *tarer, ounry Boam o
Commissioners' / ��//P`-
64 gi6A5-
cutive D' ector or esignee) Dat
Colorado Colorado Department of Human 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 mustte-attached.
CSE-AGREEMENT-FOR SERVICES PAGE 7
EXHIBIT I
SCOPE OF SERVICES
Services which may be included inall Cooperative and Purchase of Legal Services-Agreements (Does not apply for Purchase of
Servicesagreements):
A. { x } PARENTAGE DETERMINATION -activities related to determining the-parentage of dependent children.
B. ( X } ESTABLISHMENTOF THE LEGALDBLIGATION TO SUPPORT- activities related to determiningan absent
parent's legal obligation, both financially and medic-ally, to support his or her dependent children; including
patemityiletermination when necessary and modification of court orders whenappropriate.
{ x } ESTABLISHMENT OF THE AMOUNT OF SUPPORT- activities related to determining an absentparent's
support obligation, including methods and terms of payment. -
D. { X } UNREIMBURSED PUBLIC ASSISTANCE-activities related to establishing and collecting unreimbursed public
assistance owed to the State of Colorado.
E. ( X} UIFSA(Colorado Initiating)-activities related to the initiation of child supportanforcement reciprocal support
actions. If a private attorney provides these services, the county-rnust submit,with the Agreement-proof of
deputization of the private attorney by the District Attorney.
F. { x} UIFSA (Colorado Responding) -activities related to the processing of child support enforcement reciprocal
support actions initiated by other jurisdictions. If a private attomey provides these services, the county must
submit proof,with the Agreement, ofideputization of the-private attorney byrtheDisthct Attorney.
G. { X} ENFORCEMENT-activities to enforce the-collection of support including, but not limited to, obtaining wage
assignments,obtaining judgments,executing post-judgment remedies(such as continuing wage garnishments,
and property liens).
H. { } REPORTING - activities related to providing statistical fiscal, and other records necessary for reporting and
accountabilityas requiredty the-State Department and U.S. Department of Health and Human Services.
{ } INTAKE-activities associated with initial child support case opening and information collection.
J. ( } LOCATE •activities associated with locating an absent parent and locating the assets of an absent parent.
K. { X} FINANCIAL ASSESSMENT-activities related toidetennining an absent parent's ability to provide support.
L. { } COLEECTION •activities related to monitoringsupport payments.
M. ( X} INVESTIGATION - activities related to.investigation necessary to accomplish'child support enforcement
functions.
CSE - AGREEMENT FOR -SE-RYIC-ES PAGE 8
EXHIBIT II
COMPUTATION OF PERSONNEL 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 includingsmployee±enefits, estimated number of-his/her hours to be charged under this agreement, and
estimated-expenses.
Actual Hourly Estimated Estimated
Title -Rate Hours Expenses
County Attorney $70.07 10 $ 700.70
B. Personnel
List the official-title of all personnel who will be providing services under this agreement. Also list-his/her
actual hourly irate including employee benefits, estimated number of his/her hours to be charged under this
agreement, and estimated expenses.
Actual Hourly Estimated Estimated
Title Rate hours Expenses
Assistant County $56.97 1550 $ 88,3103.50
Attorney
Secretary $26.20 2 $ 52.40
C. For non-legal services indicate below the method of determining the expense for services provided.
Expenses may be an-hourly rate or a specified dollar amount for each service provided. Expenses are determined
by multiplying the rate developed by the estimated number of hours-or estimated number ofservices to be provided.
D. Total Personnel or Services Expenses $ 89,056.60
CSE - AGREEMENT FOR SERVICES PAGE 9
EXHIBIT III
AGREEMENT BUDGET
FOR THE PERIOD JANUARY 1, 1995 THROUGH DECEMBER 31, 1995
1. Personnel or Services Expenses, including employee benefits.
$ 89,056.60
2. Travel Expenses $ 200.00
3. Training Expenses $ 500.00
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) $ 243.40
long distance phone calls
Total Specific Actual Expenses: $ 243.40
6. TOTAL EXPENSES $ 90,000.00
CSE - AGREEMENT FOR SERVIC-ES PAGE 10
EXHIBIT IV
PERFORMANCE STANDARDS
List standards of performance that will allow for an accurate evaluation of the services being provided by the
Contractor:
Performance Standards measure adherence to the conditions of the Agreement and the quality of services
provided. One criterion for-performance must not be negotiable: all IV-0 functions must be performed in accordance
with the approved State Plan and all relevant Federal and State legislation and regulations. Other performance
standards are open-for negotiation.
1. The Contractor will maintain a log of cases worked and time sheets for
auditing and billing purposes. Itemized monthly billings shall be submitted to
the Department prior to the sixth (6) working day of the month following the
month the cost was incurred.
2. The Contractor agrees:
• To discuss with the Court issues of concern to the CSE Unit.
• To provide dated documentation in the case file of all activity occurring
during the time the case is referred to the attorney.
• To advise the IV-D Administrator of any changes in protocol in handling
cases, legal issues, and problems as they occur.
3. Upon request, the Contractor will meet with the Child Support Supervisor
and -Administrator to discuss mutual issues regarding changes in procedures,
changes in documents, problem rases, and other pertinent issues.
4. The Contractor will submit draft proposed Orders for preparation by the
clerical staff within 15 days of hearings. The Department will prepare said
proposed Orders within 3 working days -and return to Contractor for any
corrections. Final copies will be completed within 30 days of the hearing date.
5. The Contractor will attend the Tollowing meetings: IV-D attorney meetings,
Colorado Family Support Council Child Support Conference, and appropriate legal
training.
- a
DEPARTMENT OF SOCIAL SERVICES
PA. BOX
GREELEY,LOLORAQO 80632
Adm inistrationand4yblic Assistance(303)352-1551
Child Support(303)352-6933
Protective and Youth-Services(303)352-1923
FoodStamps(303)356-3850
FAX(303)353-5215
COLORADO
TO: W. H. Webster, Chairman, Board of Weld
County Commissioners
FROM: Judy A. Griego, Di-r-ector, Social Service (-,t
SUBJECT: Agreement Between -the WCDS-S and the Weld my to ey
for _Child Support Purpose-s
DATE: Dcecember 22, 1994
Enclosed for Board approval is an Agreement between the I'ounty Attorney and the
Weld County _Department of Social Services.
1. The term of the Agreement is January 1, 1995, through December 31, 1995.
2. A total of 490,000.013 is -provided under this agreement for personnel,
travel, training, and long distance -phone costs. This total amount is a
decrease from last year's contract amount of $154,000.00.
3. The Agreement provides for County Attorney time to:
a. Assist the Weld County-epartment of Social Services in-providing the
services necessary to e-stablish paternity, establish support
obli-gations, and secure child support for eligible person(s) .
b. Assist in other Child Support enforcement.
If you have any questions, please telephone me at extension 6200.
941322
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