HomeMy WebLinkAbout952429.tiffRESOLUTION
RE: APPROVE CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT
AGREEMENT WITH BRUCE T. BARKER, COUNTY ATTORNEY
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 Cooperative
Reimbursement 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 Bruce T. Barker, County Attomey, with 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
Cooperative Reimbursement 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 Bruce T. Barker, 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 13th day of December, A.D., 1995.
AT7ES'>
We &Coiarity Clerk to the Board
BY:
Deputy Clerk
he Board
APP D AS TO FOR
my A o ey
BOARD OF COUNTY COMMISSIONERS
D COUN ,Y
Dale,<. Hall, Chairman
Z_-
arbara J. Kirkmeyer, Pr
Geor•e E. Baxter
Constance L. Harert
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W. R. Webster
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952429
SS0021
STATE OF COLORADO
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street
Denver Colorado 80203-1714
Phone (303) 866-5700
TDD (303) 866-6293
FAX (303) 866-4214
Judy Griego, Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
Dear Ms. Griego:
1996 MAR 12 AN 9: 04
March 11, 1996
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen Beye
Managing Director
This letter is to inform you that the 1996 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,
azto
Darius Sams, Program Section Chief
Division of Child Support Enforcement
cc: Patrick Lyness, Field Administrator
Bruce T. Barker, Weld County Attorney
Nancy Lawson, IV -D Administrator
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Building Partnerships to Improve Opportunities for Safety, Self -Sufficiency, and Dignity for the People of Colorado
# 62412
WELD County Contract Number
Department of Social Services
CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT AGREEMENT
This agreement is executed as of 01 / 01 / 96 by and between
BRUCE T. BARKER (hereinafter
"Contractor") and the WELD
County Department of Social Services (hereinafter "Department");
This Agreement shall be in effect from 01 / 01 / 96 through 12
/ 31 / 96 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 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:
Scope 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.
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).
CSE-1 (REVISED 11/95)
CSE - AGREEMENT FOR SERVICES PAGE 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 - 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 are 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
CSE - AGREEMENT FOR SERVICES PAGE 3
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
the availability 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 in Exhibit I.
4. 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 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 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 Human
Services, or designee; however, the State of Colorado, the Colorado Department of Human
Services and the Executive Director, or designee, are not party to this Agreement.
6. Reports, Records, and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado
Department 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 shall be
retained for three (3) years after the expiration of this agreement or after an audit is completed
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. 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.
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.
CSE - AGREEMENT FOR SERVICES PAGE 4
Political Activities
None of the funds, materials, property, personnel or services contributed by the United States, the
State of Colorado, the Colorado Department of Human 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 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 that the 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, etc., 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 fumishing 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.
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 attached and
incorporated by reference.
CSE - AGREEMENT FOR SERVICES PAGE 5
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 the Contractor, as 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.
16. Special Attorney
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 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 under the terms of this agreement with the requirement that the Department
reimburse the Contractor for the expense.
17. Attorney Appearance
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.
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 Executive Director, Colorado Department
of Human Services, or his/her designee; however, the State of Colorado, the Colorado Department of
Human Services, the Executive Director, or his/her designee, are not parties to this agreement.
Type Name, Address, and Phone Number:
(of Contractor)
Ir i1
BRUCE T. BARKER
915 TENTH STREET
GREELEY, CO 80631
(970) 356-4000
L J
APPROVED: STATE OF COLORADO
Roy Romer, Governor
c `� €th)
j4
ecutive irec (or Desi Date
Colorado Department of Human Services
ate
mber, County Board of
Commissioners *
dli TSty oa
Commissioners
ate
em er, OUTI ar o ate
Commissioners
ounty Boar. o
Commissioners
Member, Coun
Commissioners`
ys
/3/95
Date
/;?//.3 /95
d of Date
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 7
EXHIBIT I
SCOPE OF SERVICES
Services which may be included in Cooperative Reimbursement Agreements:
{ X } PARENTAGE DETERMINATION - activities related to determining the parentage of
dependent children.
B. { X } ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - activities related to
determining an absent parent's legal obligation, both financially and medically, to support
his or her dependent children; including 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 } 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 support enforcement
reciprocal support actions. If a private attorney provides these services, the county must
submit, with the Agreement, proof of deputization of the private attomey 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 attorney
provides these services, the county must submit proof, with the Agreement, of deputization
of the private attomey by the District Attorney.
{ 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 accountability as required by 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 to determining an absent parents ability to
provide support.
L. { } COLLECTION - activities related to monitoring support payments.
M. { x } INVESTIGATION - activities related to investigation necessary to accomplish child support
enforcement functions.
CSE - AGREEMENT FOR SERVICES PAGE 8
EXHIBIT II
COMPUTATION OF PERSONNEL COSTS FOR SERVICES
A. Supervisor
list the name and 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
number of his/her hours to be charged under this agreement, and estimated expenses. (Does not apply to non -legal services).
Name and
Tag
Bruce Barker
County Attorney
B. Personnel
Actual Hourly Estimated
ftg Hours
$70.84 10
Estimated
Expenses
$ 708.40
List the name and official title of all personnel who 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. (Does not apply
to non -legal services).
Name and
TIe
Eric Lord
Assistant County Attorney
Cindy Giauque
Assistant County Attorney
Lee Morrison
Assistant County Attorney
Diane Beckman
Secretary
Actual Hourly Estimated
Rat Hours
$58.48
$58.48
$58.48
$24.71
1500
40
10
2
Estimated
Expenses
$ 87,720.00
$ 2,339.20
$ 584.80
49.42
D. Total Personnel Expenses $ 91,401.82
(Transfer this total to Exhibit III, Line 1.)
CSE - AGREEMENT FOR SERVICES PAGE 9
EXHIBIT III
AGREEMENT BUDGET
FOR THE PERIOD JANUARY 1, 1996 THROUGH DECEMBER 31, 1996
1. Personnel Expenses, including employee benefits. $ 91.401.82
(From Exhibit II (D))
2. Travel Expenses
3. Training Expenses
4. Operating Expenses
5. Specific Actual Expenses:
a. Automated Data Processing
b. Office Space
c. Capital Outlay
d. Blood Tests
e. Other (specify)
long distance phone calls
$ 0.00
$ 0.09
$ 0.00
$ 0.00
$ 298.18
$ 200.00
$ 600.00
$ 0.00
Total Specific Actual Expenses: $ 298.18
6. TOTAL EXPENSES $ 92,500.00
CSE - AGREEMENT FOR SERVICES 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:
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 cases, 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 following meetings: IV -D attorney meetings, Colorado
Family Support Council Child Support Conference, and appropriate legal training.
6. All IV -D functions must be performed in accordance with the approved State Plan and
all relevant Federal and State legislation and regulations.
COUNTY ATTORNEY HOURLY RATES
1996
SECRETARIAL
ATTORNEY SUPPORT ALLOCATION
TOTAL (4 FTE) (2 FTE) BASIS
Salaries/Fringe
Service & Supplies
$ 332,121
39.679
Total Direct 371,800
'Indirect Costs Per Cost
Allocation Plan 71,930
$ 274,200 $ 57,921
32.759 6.920
306,959 64,841
Direct Cost
of Direct
59,385 12.545 % of Direct
GRAND TOTAL $ 443,730 $ 366,344 $ 77.386
2Billable Hours Available 6,264 3,132
Hourly Rate $ 58.48 $ 24.71
Incorporation of Secretarial Support into Attorney rate:
Cost
Secretarial Cost
TOTAL
2Biliable Hours Available
Hourly Rate
$ 366,344
77.386
$ 443.730
6,264
$ 70.84
'Indirect Costs are based upon consolidated County -wide cost allocation plan for year ending
December 31, 1994 prepared in accordance with the policies and procedures of FMC 74-4.
2Available Hours calculation:
Total Days
Weekends
Holidays
Vacation
Avg. Sick Leave
365
104
11
12
6
NET 232 X 7.5 hours = 1,740 hours/FTE
90% Billable time = 1,566
TO: JUDY GRIEGO Itij
FROM: NANCY LAWSON
DATE: DECEMBER 6, 1995
RE: IV -D COUNTY ATTORNEY CONTRACT 1996
Here is proposed contract for 1996. Bruce has not seen it; however, I briefly told him to
expect similar to 1995 contract.
I used the 1996 County Attorney hourly rates provided by Don Warden that is attached to
this letter. Additionally, I inserted the same number of attorney hours as on our 1995
contract.
Our current contract for 1995 is for $90,000. I expect that we will actually use between
$75,000 and $80,000 due to the overlap of attorneys in December 1995.
The 1996 contract will be for $92,500.
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