HomeMy WebLinkAbout910059.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN NORTHERN COLORADO PROCESS SERVICE, INC. AND THE
DEPARTMENT OF SOCIAL SERVICES, 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 contract between Northern Colorado
Process Service, Inc. and the Department of Social Services, for the calendar year
of 1991, with the terms and conditions being as stated in said Contract, and
WHEREAS, after review, the Board deems it advisable to approve said Contract,
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, that the 1991 Northern Colorado Process Service, Inc. Contract be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 21st day of January, A.D. , 1991.
a ,' 1 ! � � / ^ BOARD OF COUNTY COMMISSIONERS
ATTEST: vitZ/J/ �
/U" 1/1�. a-P7/1 WELD COUNTY C
1a
Weld County Clerk to the Board
G//f Gord . Lacy, C rman
BY: tzi-el /'/ �G/f ��-1 /
�
Deputy Clerk to the Board___-- eor a Kennedy, Pro-Tem APPROVED AS 0 FORM: �� r7d`�l // ¢c,�
\�j Constance L. Harbert
' O (EXCUSED)
County Attorney C. W. Kirby
t
W. . Webster
910059
f
Contract Number
(State Use Only)
Renewal of Agreement (Form CSE-5)
Cooperative Reimbursement Agreement (Form CSE-1)
Purchase of Legal Services Agreement (Form CSE-2)
,w Purchase of Services Agreement (Form CSE-3)
Weld COUNTY
DEPARTMENT OF SOCIAL SERVICES
This agreement is executed as of , 19 , by and
between Northern Colorado Process Service (hereinafter Contractor) and the
Inc.
Weld County Department of Social Services (hereinafter
"Department") :
This agreement shall be in effect from January 1 , 1991
through umber 31, , 19 91 , but not to exceed twelve (12)
months.
The Department, under Part D of Title IV of the Social Security Act, 45 CFR
232, 301, 302, 303, 304, 305, and 26-13-101, et. seq. , C.R.S.m as amended,
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
person(s) eligible for IV-D services within 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 Contractor therefore agree as follows:
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1. Scone o£ Services
Services shall be provided to any person(s) eligible for IV-D services yb
the Contractor in compliance with Exhibit I entitled, Scope of
Services, a copy of which is attached and incorporated by reference.
2. Personnel
The Contractor shall identify all personnel by title who shall provide
services pursuant to this Agreement in Exhibit II, entitled "Computation
of Personnel Costs for Services , " a copy of which is attached hereto and
made a part hereof by reference.
The addition or deletion of personnel listed in Exhibit II of this
agreement will 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 Social Services, or designee. The new
Exhibit II will comply with the requirements of this paragraph two.
3. Payment
a. Payment shall be made on the basis of Exhibit III, entitled
"Agreement Budget, " a copy of which is attached and incorporated by
reference, for services provided pursuant to Exhibit I. The
Agreement Budge shall establish the maximum reimbursement which
shall be paid from combined
county, State, and Federal funds during the duration of the
agreement.
b. The Contractor shall submit itemized monthly billings to the
Department for costs incurred pursuant to Exhibit I of this
agreement in accordance with the rules and regulations of
the Colorado Department of Social 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 no later than the last day of the
month following the month the cost was incurred.
Billings, including the 5310.211, shall be signed by the Contractor
unless a designee is so identified in Exhibit IV, Special Provisions.
Failure to submit the 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.
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c. Payment to the Contractor shall be made monthly by the Department upon
receipt of such itemized billings as follows:
(1) Personal Services Costs (Check Appropriate Box)
ri Cooperative Reimbursement Agreement, Form CSE-1 (District
Attorney or County Attorney)
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.
n Purchase of Legal Services Agreement, Form CSE-2 (Private
Attorney)
Reasonable costs defined as the number of hours worked by the
Attorney multiplied by the hourly rate specified in Exhibit
II. Personal Services. This hourly rate shall include all
overhead charges and charges for the ancillary services of
typists,secretaries, paralegals, and other personnel.
Purchase of Services Agreement, Form CSE-3 (non-legal
services)
Services costs determined by multiplying the rate developed
in Exhibit II by the estimated number of hours or estimated
number of services to be provided.
(2) Operating expenses
Cooperative Reimbursement Agreement, Form CSE-1 (District
I I Attorney or County Attorney
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) Travel
Actual charges for travel related to providing services under
this agreement must receive prior written approval by the
Department in order to be reimbursed. Reimbursement for
Contractor and staff time spent in traveling shall be
negotiated between the Contractor and the Department and
specified in Exhibit IV, Special Provisions.
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(4) Training
Actual charges are for travel for reasonable and essential
short term training for the Contractor and staff providing
services under this agreement must receive prior written
approval by the Department in order to be reimbursed. In the
event such training is made mandatory by the Department, such
charges shall be reimbursed. Reimbursement for Contractor and
staff time spent in training shall be negotiated between the
Contractor and the Department and specified in Exhibit IV,
Special Provisions.
(5) Specific actual 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
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.
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 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, unless prior written approval of the Department is
obtained.
4. Duties of the Department
The Department shall provide the Contractor with all pertinent
information available to the extent that such information is relevant to
the services to be performed pursuant to this agreement.
5. Termination for Convenience or for Cause
This agreement may be terminated with or without cause by either party
upon written notice of at least thirty (30) days citing the reasons 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.
When the Contractor provided said property, records and information to
the Department, the Department shall pay the Contractor for actual costs
incurred through the last day of this agreement in accordance with
paragraph 3 entitled, "Payment. "
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6. 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 designee; however, the State
of Colorado, the Colorado Department of Social Services and the Executive
Director, or designee, are not parties to this agreement.
7. 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 ensure
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 Colorado Department of Social Services,
the Department, or any authorized representative of the State of
Colorado, and will not be retained for six (6) years after the expiration
of this contract unless permission to destroy them is granted by the
Colorado Department of Social Services. The Contractor shall make
financial, program progress and other reports as requested by the
Department or Colorado Department of Social Services.
8. Equipment 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.
9. 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.
10. Safeguarding Information
The Contractor shall provide for the security of information collected
pursuant to this agreement and as provided in the rules and regulation
of the Colorado Department of Social Services.
11. Political Activities
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None of the funds , materials, property, personnel, or services
contributed by the United States, 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 5 U.S.C. Sections 1501 et, seq.
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12. Compliance with Applicable Laws
The Contractor shall at all times during the execution of this Contract
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 records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate
to this Contract. The Contractor acknowledges that the laws include
Title VI 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.
13. 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 Human Service and Colorado Department of
Social Services.
14. 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 services 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.
15. Social Provisions
The Contractor and Department agree to the special provisions described
in Exhibit IV, entitled, "Special Provisions, " a copy of which is
attached and incorporated by reference. Special Provisions may include,
but are not limited to, any performance standards negotiated by the
Contractor and the Department.
16. 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 the
Contractor, identified in Exhibit II, "Computation of Personnel Costs
for Services. " 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 Contractor except for
acceptance or rejection of the work product of such individuals .
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17. Special Attorney (Not Applicable 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 being able to
fulfill and complete all the terms of this agreement. Upon such a
determination, the Department is authorized to hire a special attorney to
fulfill and complete such duties. The special attorney shall be given and
act under the same powers as the Contractor hired under this agreement.
The special attorney shall receive payment for services from the
Contractor with the requirement that the Department reimburse the
Contractor for the expense.
18. Attorney Appearance (Not Applicable 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 on behalf of other County Departments when
authorized by the Department.
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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 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 parities to this agreement.
La itic_(( ..off/
.. Vic(777
C ty Director Date
cat. klbgi a//4/
Contractor Date Me oun B d of Date
(Type Name, Address, Phone #) Social Service
RICHARD A. BOETTCHER
Vice President
Norhtern Colorado Process Service Inc. /� /
918 10th. St. P.O. Box 129 Yom' " 1' ' �'`� 4/ 1/91
Greeley, Colo. 80632 Member County Board of Date
Social Services
APPROVED: STATE OF COLORADO
ROY ROMER, GOVERNOR :�
iSreseW off• l��r///g/
Member County Board of Date
Social Services
/OA. illjj- r 4/ /9/
for Executive Director Date Member ounty Board of Date
Colorado Dept of Social Services Social Services
ATTES
71411/
B i / 4 C. W. Kirby - EXCUSED �/�J /71
y:
Deputy County Clerk Member County Board of Date
Social Services
*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.
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EXHIBIT I
SCOPE OF SERVICES
Page 1 of 2
A. Mandatory Services for All IV-D Cases (check appropriate boxes)
1. [ ] PARENTAGE DETERMINATION -- Activities related to determining
the parentage of dependent children (19-4-101, et seq, 14-5-
128, CRS) .
2. [ ] ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT --
Activities related to determining the amount of an absent
parent's child support obligation including methods and terms
of payment, modification or orders, and medical support (14-
10-115, 19-4-116, 19-6-103, 14-5-125, CRS) .
3- [X ] ESTABLISHMENT OF THE AMOUNT OF SUPPORT -- Activities related
to determining the amount of an absent parent's child support
legal obligation (14-10-115, 19-4-116, 19-6-103, 14-5-125,
CRS) .
4. [X ] CHILD SUPPORT DEBT -- Activities related to establishing and
collecting child support debt owed to the Department of Social
Services (14-14-104, 26-13-108, CRS) .
5. [ ] URESA (Colorado Initiating) -- Activities related to the
initiation of child support enforcement reciprocal support
actions (14-5-101, et seq, CRS) .
6. [X ] URESA (Colorado Responding) -- Activities related to the
processing of child support enforcement reciprocal support
actions initiated by other jurisdictions (14-5-101, CRS) .
7. [X ] ENFORCEMENT -- Activities to enforce the collection of support
including, but not limited to, obtaining wage assignments (14-
14-107, CRS) , obtaining judgments (CRCP Rule 54) ; executing
post judgment remedies (such as continuing wage garnishment -
-14-14-105 and 13-54-104 (s) , CRS, CRCP Rule 103, and property
liens -- ,13-52-101, et seq, CRS, CRCP Rule 102, CRCP Rule 69) .
8. [X ] 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 (NHS) .
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EXHIBIT I
SCOPE OF SERVICES
Page 2 of 2
B. Other services which may be performed (check appropriate boxes)
1. [ ] INTAKE -- Activities associated with initial child support
case opening and information collection.
2. [ x] LOCATE -- Activities associated with locating an absent parent
and assets of the absent parent.
3. [ ] FINANCIAL ASSESSMENT -- Activities related to determining an
absent parent's ability to provide support.
4. [ ] COLLECTION -- Activities related to monitoring support
payments and processing cash flow pursuant to the Finance
Staff Manual requirements.
5. [ x] INVESTIGATION -- Activities related to investigation necessary
to accomplish child support enforcement functions.
C. Address(es) and telephone number(s) where services will be provided by
Contractor:
Northern Colorado Process Service
918 10th St
Greeley, CO
356-6403
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EXHIBIT II
COMPUTATION OF PERSONNEL COSTS FOR SERVICES
Purchase of Services Agreement (Form CSE-3)
(Non-Legal Services)
A. Supervisor
List the 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.
Title
Michael C. Tormey
President, Northern Colorado Process Service
B. Indicate below the method of determining the cost for services provided.
Costs may be an hourly rate or a specified dollar amount for each service
provided. Costs are determined by multiplying the rate developed by the
estimated number of hours or estimated number of services to be provided.
COMPENSATION
For documents requiring personal service, a fee of seventeen dollars and
fifty cents ($17.50) shall be paid for each successful service of process.
In addition to the fee, round trip mileage will be paid at the rate of twenty
(20) 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. Payment of mileage allowance
shall be made whether service is successful or unsuccessful.
C. Total Services Cost $ 4,000.00
(Transfer the total to
Exhibit III, line 1)
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EXHIBIT III
AGREEMENT BUDGET
FOR PERIOD OF January 1 19 91 THROUGH December 31 19 91
1. Services of Personnel costs, including employee benefits.
(From Exhibit II C) $ 4,000.00
2. Travel $ N/A
4i3. Training Costs $ N/A
4. Operating Costs $ N/A
.5. Specific actual costs $ N/A
a. Automated Data Processing $
b. Office Space $
c. Capital Outlay $
d. Blood Tests $
e. Other (specify) $
TOTAL COSTS $ 4,000.00
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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 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
Workmen's Compensation Insurance at Contractor's own cost and
expense.
(5) Contractor assures that it will comply with Title VI of Civil Rights
Act o£ 1964, and that no person shall, on the grounds of race,
creed, color, sex or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under the approved agreement.
(6) County shall have access to contractor's financial records for
purposes of audit. Such records shall be complete and available for
audit ninety (90) days after final payment hereunder and shall be
retained and available for audit purposes for five years after final
payment hereunder.
(7) Contractor may not assign or transfer the approved agreement, any
interest herein or claim thereunder without the prior written
approval of County.
(8) Time is of the essence in each and all the provisions of the
approved agreement.
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EXHIBIT IV (CONTINUED)
(9) No alteration or variation of the terms of the approved agreement
shall be valid unless made in writing and signed by the parties
hereto.
(10) Contractor assures that it will comply with Title IV of the Civil
Rights Act of 1964 and that no person shall, on the grounds of race,
creed, color, sex or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under the approved agreement.
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