HomeMy WebLinkAbout972612.tiffRESOLUTION
RE: APPROVE CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT
AGREEMENT AND AUTHORIZE CHAIR 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
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 Weld County Attorney, commencing January 1, 1998, and ending
December 31, 1998, 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
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 Weld County Attorney be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 15th day of December, A.D., 1997.
ATTEST:
Weld County
BY
AP
Deputy Cle
55; GA
W. H. Webster
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Baxter, Chair
Dale K. Hall
972612
SS0023
WELD
Department of Social Services
County
# 62412
Contract Number
CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT AGREEMENT
This agreement is executed as of 01 / 01 / 1998 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 / 1998 through 12 / 31 / 1998
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
person(s) eligible for W -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. 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 H "Computation of Personnel Costs for Services" all personnel by
title who provide services pursuant to this Agreement . A copy of Exhibit H 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-I (REvrsED 11/95)
972612
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 traveline 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.
972612
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 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. Reoorts Records and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado Department
of Hunan 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)
agreement or after an audit is completed unless permission to destroy them isomer the expiration to this
Department of Human Services. The Contractor shall submit financial, program granted oand by the Colorado
as requested by the Department or the Colorado Department progress other reports
of Human Services.
7. ui ment 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.
972612
CSE - AGREEMENT FOR SERVICES PAGE 4
9. 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 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,
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.
972612
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" 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 under the terms of
this agreement with the requirement that the Department reimburse the Contractor for the expense.
i7. 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.
972612
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.
Date
Type Name, Address, and Phone Number:
(of Contractor)
rr
BRUCE T. BARKER
915 TENTH STREET
PO BOX 1948
GREELEY, CO 80632
(970) 356-4000
6
APPROVED: STATE OF COLORADO
Roy Romer, Governor
l t.AtALLic; 6{ c.t.,( L,
Executive Director (or Designee)
Colorado Department of Human Services
1
Date
C 1r , County Board of
Commissioners *
.17
Member, County Board of
Commissioners *
Member, County Board
Commissioners *
,/ Member, County
Commissioners *
J' [," ' � -1 1 /
Mefnber, County Board of L' Date
Commissioners*
427
97
Date
Date
Date
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:
A.
B.
{X } PARENTAGE DETERMINATION - activities related to determining the parentage of
dependent children.
{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. {g } 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 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 attorney
provides these services, the county must submit proof, with the Agreement, of deputization of
the private attorney by the District Attorney.
G. 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.
{X }
{
{
} LOCATE - activities associated with locating an absent parent and locating the assets of an
absent parent.
IC. {X } FINANCIAL ASSESSMENT - activities related to determining an absent parent's 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.
972612
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
Title
Actual Hourly
Rate
Bruce Barker $56.73
County Attorney
B. Personnel
Estimated Estimated
Hours Expenses
10 $ 567.30
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
Title
Actual Hourly
Rate
Deborah Morrell $25.45
Assistant County Attorney
Cyndy Giauque $33.60
Assistant County Attorney
Estimated Estimated
Hours Expenses
2080 $ 52,936.00
80 $ 2,688.00
D. Total Personnel Expenses $ 56,191.30
(Transfer this total to Exhibit III, Line 1.)
972612
CSE - AGREEMENT FOR SERVICES PAGE 9
EXHIBIT III
AGREEMENT BUDGET
FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998
1. Personnel Expenses, including employee benefits. $ 56,191.30
(From Exhibit II (D))
2. Travel Expenses
3. Training Expenses
4. Operating Expenses
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) $ 158.70
long distance phone calls
250.00
$ 400.00
$ 0.00
Total Specific Actual Expenses: $ 158.70
6. TOTAL EXPENSES $ 57,000.00
972612
CSE - AGREEMENT FOR SERVICES PAGE 10
EXHIBIT IV
PERFORMANCE STANDARDS
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.
972612
COLORADO
I `bEFVffitdAENT OF SOCIAL SERVICES
C(_E sX P.O. BOX A
GREELEY, COLORADO 80632
T() l =Administration and Public Assistance (970) 352-1551
Child Support (970) 352-6933
Protective and Youth Services (970) 352-1923
MEMORANDUM Food Stamps (970) 356-3850
Fax (970) 353-5215
TO: George E. Baxter, Chair Date: December 10, 1997
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services
114113
RE: Child Support Enforcement Cooperative Reimbursement
Agreement Between the Weld County Attorney and the
Weld County Department of Social Services
Enclosed for Board approval is a child support enforcement cooperative reimbursement
agreement between the Weld County Attorney and the Weld County Department of Social
Services.
The major provisions of the agreement are as follows:
1. The term of the agreement is January 1, 1998 through December 31, 1998.
2. The Weld County Attorney agrees to provide services on behalf of Social Services in
parentage determination, establishment of the legal obligation to support, establishment
of support, unreimbursed public assistance, UIFSA (Colorado Initiating), UIFSA
(Colorado Responding), enforcement, and financial assessment.
3. The Weld County Department of Social Services agrees to reimburse the Weld County
Attorney a maximum total of $57,000.
If you have any questions, please telephone me at extension 6200.
972612
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