HomeMy WebLinkAbout992976.tiff RESOLUTION
RE: APPROVE CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BRUCE BARKER, WELD
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 Barker, Weld County Attorney, commencing January 1, 2000,
and ending December 31, 2000, 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 Bruce Barker, 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 20th day of December, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
I� �UNTY, COLOR O
0 . / . i
ATTEST: Ji I e-j`$,r4 ,_
/� I w -as Dale K. Hall, Chair
Weld County Clerk tot o• . 5 '✓
loci a EXCUSED
Le zi y y.)y� ' Bar a J. Kirkm r, Pro- m -
Deputy Clerk to the V.+ ^ ,ED DATE OF SIGNING z (AYE
�'N George E. xter
l
APPROVED AS TO FORM: M. ii!/6-
¢ .J J. Gei e
ounty Attorney z EXCUSED
Glenn Vaad
992976
T : 3S S'S002S0026
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(011 ‘. 410414° . , : :: :
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
Administration and Public Assistance(970)352-1551
1111 C Child S rvport(970)352•1923
Protective and Youth Services(970)352.1923
COLORADO
MEMORANDUM
TO: Dale K. hall, Chair Date: December 15, 199(;
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services ifrAtis�� 6
,WA.
RE: Child Support Enforcement Reimbursement Agreement Between
- Weld County Department of Social Services and the Weld County
Attorney
Enclosed for Board approval is a Child Support Enforcement Reimbursement Agreement
between the Weld County Department of Social Services and the Weld County Attorncv.
The major provisions of the Agreement are as follows:
1. The term of the Agreement commences January 1, 2000, and ends December 31 .
2000.
2. The source of funds is the Child Support Allocation - IVD.
3. The Weld County Department of Social Services agrees to reimburse the Weld
County Attorney a maximum of S73,389 for legal services related to child support
enforcement.
If you have any questions, please telephone me at extension 6510.
•
9629: 1
C c „:4,
52412
_ WELD County _ Contract Number
Department of Social Services
CHILD SUPPORT ENFORCEMENT COOPERATIVE REIMBURSEMENT AGREEYEENT
This agreement is executed as of 01 / _ 01 / 2000 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 / 2000 through 12 / 31 / 2000and shall
not exceed twelve (12) months.
The Department, under Part D of Title P/ 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 o 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 Departmerd 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 Ccntrrc:cr
desires to enter into such an agreement with the Depat anent:
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 xith
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 pers-onnrI by
title who provide services pursuant to this Agreement. A copy of Exhibit His 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
Fiuman Services, or designee. The new Exhibit II must comply with the requirements of this paragraph -
two (2).
CSE-1 ,REWISED I1/99}
CSE - AGREEMENT FOR SERVICES P AGE 2
3. Payment
a. Payment shall be made on the basis of Exhibit III. "Agreement Budget," a copy of which is aria hed
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 Cola udo
Department of Human Services. The Contractor shall submit all itemized monthly billings to the
Department prior to the sixth (6) day of the month following the month the cost was incurred. Bil'irigs
must be signed by the Contractor. Failure to submit monthly billings in accordance with the terns of
this agreement shall result in the Contractor's forfeiture of ail rights to be reimbursed hr
expenses.
c Payments to the Contractor shall be made monthly by the Depaivaent upon receipt of such iten.i red
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 hisiher employees to provide ser/ices
under this Agreement by their actual hourly rates including employee benefits. For staff prov ding
full-time services under the Agreement current job descriptions of their responsibilities snail
substantiate billings. For staff providing part-time services under the Agreement, time sacets
documenting all time used working on IV-D cases shall substantiate billings.
3) Operating Expenses - Operating expenses include supplies, materials, equipment. prs.ung.
reproduction, rent, normal telephone charges, utilities, repairs and maintenance. Charge for
operating expenses shall be substantiated by an allocation method distributing costs equitably c all
units of the District. County or City Attorneys office.
3) Non-legal Services - Costs are determined by multiplying the rate shown in Exhibit 1 b the
estimated number of hours or estimated number of services to be provided. Costs are substan:aced
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 bilis.
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; skill 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 tram_ag 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.
ci. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent ipou the
availability of federal funds to the Colorado Department of Human Services and the Department.
CSE - AGREEMENT FOR SERVICES PAGE 3
e. The Department shall not be billed for, and reimbursement shall not be made for, time irvoh ed 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 a [east
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 accordant o -with
section 3 "Payment" of this Agreement.
5. Amendment
This Agreement may be amended by mutual consent_ provided that the amendment is wntten or. Form
CSE-4, properly executed and made a part of this Agreement. All amendments are expressly made ubject
to the approval of the Executive Director, Colorado Department of Human Services. or designee; he wever,
the State of Colorado. the. Colorado Department of Human Services and the Executive Dtreoor, or
designee, are not parties to this Agreement.
6. Reports, Records. and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado Deparment
of Human Services' rules to assure a proper accounting for all costs and funds collected. These .ecords
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 Cc lnrado
Department of Human Services. The Contractor shall submit financial, program progress and other -coons
as requested by the Department or the Colorado Department of Human Services.
7. Ecuinment Purchased with Federal. State and County Money
Title to all equipment acquired by the Contractor under this agreement at a cost of S500 or more lot which
the Contractor is reimbursed by the Department shall vest in the Department. Upon termination or' this
agreement:, the Department may require the Contractor to deliver to the Department any such equipment
acquired for the performance of this agreement.
S. 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.
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 snail 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.
CSE - AGREEMENT FOR SERVICES PAGE 4
10. Safeguarding Information
The Contractor shall provide for the security of information collected pursuant to this Agreemert 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 ail applicable
federal and state laws and implementing regulations as they currently exist and may hereafter be amended.
"I pis includes protection of the confidentiality of all recipient/applicant records, papers, documents. 'apes
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
` II of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrmirarion
Act of l97`5, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1967 and the
Education Amendments of t972, and all regulations applicable to these laws prohibiting discrmiraiion
because of race, color, national origin, handicap, age, sex and religion.
12. Studies and Investigations
li official :reports of cases. recoveries, investigations, studies, etc., made as a result of this agreement snail
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 cont:acted
for without the prior written consent and approval of the Department. For services provided ande7 any
subcontract, the Contractor shall be responsible for contract performance and compliance with the :erns
and conditions of this agreement. The Contractor shall select subcontractors on a competitive oasis o 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 ac.:urate
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 :Ibex e the
expected level for reward/incentive purposes or for initiating corrective action if performance las fallen
oelow the standard. Performance Standards shall be provided pursuant to Exhibit IV "Performance
Standards." A copy of which is attached and incorporated by reference.
15. Responsibility for Conduct of Individuals
The Contractor is solely responsible for the conduct of individuals employed by and under the direct
supervision or control of 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.
CSE - AGREEMENT FOR SERVICES PAGE: 5
16. Special Attorney
The Contractor or the Department may determine that the Contractor has a conflict of interest whicl: .viil
prevent the Contractor from fulfilling or completing all the terms of this agreement. Upon st.cn a
determination, the Department is authorized to hire a "special" attorney to fulfill and complete such dr.ues.
The special attorney shall be given and act under the same powers as the Contractor hired unde this
agreement. The special attorney shall receive payment for services from the Contractor under the terns 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
shen authorized by the Department.
CSI: - AGREEMENT FOR SERVICES PAGE 6
The Department and Contractor have therefore caused this Agreement to be executed by then
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 tilt,
agreement.
i
(
Contractor 1 4 Date Co ty D. ctor Dale /
Bruce T. Barker
915 Tenth Street
PO BOX 1948
Greeley, CO 80632
(970) 356-4000
BOARD OF COUNTY COMMISSIONERS
WIELD COUNTY COLORADO
Li
'M - 17 ' aaST (
Date
� ' ', t2 ada
►I Or
I.
Weld C nty Cler 'r/A,. ��,
BY: / , ,1._ "sit _�
Deputy Clerk toll f 16 - '
APPROVED: STATE OF COLORADO
BillOwens, Governor
Executive Director(or Designee) Date
Colorado Department of Human Services
*If the Board of County Commissioners resolves to empower the Chairperson of the Board of County
Commissioners to enter into and this Agreement for the County Commissioners then a copy of the Roan.'
resolution to do so must be attached.
(:SE - AGREEMENT FOR SERVICES '''AGE '
EXHIBIT I
SCOPE OF SERVICES
Services which may be included in Cooperative Reimbursement Agreements.
A. { x } PARENTAGE DETERMINATION - activities related to determining the Jartnrage of
dependent children.
13 { x} ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - activities -elated to
determining a noncustodial 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 a
noncustodial parent's support obligation, including methods and terms of payment.
{ x} UNREIMBURSED PUBLIC ASSISTANCE - activities related to establishing :md :Alec-nag
unreimbursed public assistance owed to the State of Colorado.
E. { x} UIFSA (Colorado Initiating) - activities related to the initiation of child support esucement
reciprocal support actions.
p { x} UIFSA (Colorado Responding) - activities related to the processing of chili. support
enforcement reciprocal support actions initiated by other jurisdictions.
G. { x} ENFORCEMENT - activities to enforce the collection of support including, but lot united _e_
obtaining wage assignments, obtaining judgments, executing post-judgment remedie such as
continuing wage garnishments, and property liens).
H. { } REPORTING - activities related to providing statistical fiscal, and other records necessary -or
reporting and accountability as required by the State Department and C.S. Depanmen: of
Health and Human Services.
1. { } INTAKE - activities associated with initial child support case opening and ❑ formaticn
collection.
I. { } LOCATE - activities associated with locating a noncustodial parent and locating tho assets of
a noncustodial parent.
K. {x_ } FINANCIAL ASSESSMENT - activities related to determining a noncustodial 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.
N. { } FELONY NONSUPPORT — activities related to prosecuting felony nonsupport actions
Deputization by the District Attorney is required pursuant to §20-1=01, C.R.S. n order to
prosecute such actions.
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 otl,erw sa
exercise supervisory authority for services to be provided under this agreement. Also include his/her actual hourly r.tte
including employee benefits, estimated number of his/her hours to be charged under this agreement., and estimated
expense. (Does not apply to non-legal services).
Name and Actual Hourly Estimated Estimated
Title Rate Hours Expense,
Bruce Barker $63.48 10 $634.80
County Attorney
B. Personnel
List the name and official title of all personnel who will be providing services under this agreement. Also, list his; xr
actual hourly rate including employee benefits, estimated number of his/her hours to be charged under this agreemt'nL,
and estimated expense. (Does not apply to non-legal services).
Name and Actual Hourly Estimated Estimated
Title Rate Hours Expenses
Deborah Morrell $27.79 2080 $57,803.20
Assistant County Attorney
Cyndy Giauque $40.72 80 $ 3,257.60
Assistant County Attorney
C. Total Personnel Expenses $ 61,695.60
(Transfer this total to Exhibit III, Line 1.)
CSE - AGREEMENT FOR SERVICES PAGE 9
EXHIBIT III
AGREEMENT BUDGET
FOR THE PERIOD JANUARY I, 2000 THROUGH DECEMBER 31,2000
1. Personnel Expenses, including employee benefits. $ 61.695.60
(From Exhibit II - C)
4.. Travel Expenses $ 300.00
3. Training Expenses $ 400.00
4. Operating Expenses $ 10,993.40
5. Specific Actual Expenses:
a. Automated Data Processing 0.00
b. Office Space $ 0.00
c. Capital Outlay $ 0.00
d. Blood Tests $ 0.00
e. Other (specify) $ 0.00
Total Specific Actual Expenses: $ 0.00
6. TOTAL EXPENSES S73,389.00
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, l. ual
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
if; 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
hearine 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 any all
relevant Federal and State legislation and regulations.
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