HomeMy WebLinkAboutC93-005 Child Support Enforcement Agreement with Peter Michaelson District AttorneyEAGLE County
Department of Social Services
0,- I n
' C93 -05 -80
Contract Number
(State Use Only)
CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES
{ ) Cooperative Reimbursement Agreement (FORM CSE -1)
{ } Purchase of Legal Services Agreement. (FORM CSE -2)
(} Purchase of Services Agreement (FORM CSE -3)
{ } Renewal of Agreement (FORM CSE -5)
—> Was this Agreement competitively procured?
{ } Yes Date Procured
{ } No (Attach Waiver of Competitive Procurement for IV D Agreements form (CSE -41))
This agreement is executed as of ! _ / by and between
P P F. Micbaeison, District Attorney, 5th JLi id l(herelnafter "Contractor") and the
Eagle County Department of SocW Services
(hereinafter "Department");
This Agreement shag be in effect from 01 / 01 / 93 through 12 / 31 / 93 and
shall not exceed twelve (12) months.
The Department, under Part D of Tide 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 infix 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:
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.
CSE 1, CSE -Z CSE-Z CSE 5 (R Wsw IWI)
,.S -• - 3 PAGE 2
2. Personnel
The Contractor shall identify in Exhibit 11 "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 Social Services, or designee. The new Exhibit
II must comply with the requirements of this paragraph two (2).
3. Payment
a. Payment shall be made on the basis of Exhibit III, 'Agreement Budget', a copy of which is attached and
incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from combined county,
and Federal funds during the duration of this agreement
b. The Contractor shall submit an Itemized monthly billing to the Department for all costs incurred pursuant to
Exhibit I of this Agreement in accordance with the rules and regulations of the Colorado Department of 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 fifteenth (15) 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 Servkres - Actual costs (wages or salaries and employee benefits) determined by
multiplying the number of hours worked by the Attorney and hislher employees to provide services
under this Agreement by their actual hourly rates Including employee benefits. For staff providing
full-time services under the Agreement current job descriptions of their responsibilities shall
substantiate billings. For staff providing part -time services under the Agreement, time sheets
documenting all time used working on IV-D cases shall substantiate billings.
2) Operating Expenses - (applicable to Cooperative Reimbursement Agreements only) Operating
expenses include supplies, materials, equipment, printing, reproduction, rent, normal telephone
charges, utilities, repairs and maintenance. Charges for operating expenses shall be substantiated
by an allocation method distributing costs equitably to all units of the District, County or City
Attorney's office.
3) Nonlegal 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 subcontractors. Costs shall be substantiated by records indicating the
reasons and the dates of the charges. -
ME • AGR EEMENT FO -VI 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 Social 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 Social Services, or designee; however, the State of Colorado, the Colorado
Department of Social 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 Social
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 six (6) years after the expiration of this agreement unless permission to destroy
them is granted by the Colorado Department of Social Services. The Contractor shall submit financial, program progress
and other reports as requested by the Department or the Colorado Department of Social 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. Confiderrttality
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 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 five (5) U.S.C. Sections 1501 et seq.
10. Safeguardina 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 Social Services.
W E - AGREEMENT FO IMCE PAGE 4
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 recipientlapplic ant 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 Titie
IV (Title 45 Code of Federal Regulations), and Titie 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 Social 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 Y40 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 rewardlincentive 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.
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 (Does not apply to Purchase of Services Agreement)
The Contractor or the Department may determine that the Contractor has a conflict of interest which will prevent the
Contractor from fulfilling or completing all the terms of this agreement Upon such a determination, the Department is
authorized to hire a'speciala zAdomey 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 (Does not apply to Purchase of Services Agreement)
To the extent reasonable and practicable, and consistent with applicable state regulations, the Contractor agrees to
appear in proceedings before the courts of his county on behalf of other County Departments when authorized by the
Department.
CSE - AGRE F OF
PAGE 5
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/her designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his/her
designee, are not parties to this agreement.
101 1171 1 F. re i I.
Type Name, Address, and Phone Number.
(of Contractor)
r I
e _ 12/21/92
memoer,,,Uounry board or
Commi sinners'
George A. Gates
IL A
Member, Uounty Board of a
Commissioners
APPROVED: STATE OF COLORADO
Roy Romer, Governor
em r, oun oar o a
Commissioners'
Executive Director or Designee) Mae
Colorado Department of Social Services
If the Board of County Commissioners resolves to empower the Chairperson of the Board of County
Commissions to enter into and this Agreement for the County Commissioners then a copy of the Board's
resolution to do so must be attached.
t
12/21/92
MOW o o a
Commissioners
Donald H. Welch
CS E - AGREEMENT FOF 'WCES PA 6
EXHIBIT I
SCOPE OF SERVICES
Services which may be included in an Cooperative and Purchase of Legal Services Agreements (Does not apply for Purchase of
Services agreements):
A { 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
parenrs 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 parents
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. { }
URESA (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
deputizaation of the private attorney by the District Attorney.
F. { X)
URESA (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. { X)
ENFORCEMENT - activities to enforce the collection of support including, but not limited to, obtaining wage
assignments, obtaWng 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
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
A. Supervisor
PAGE
EXWBff 11
COMPUTATION OF PERSONNEL COSTS FOR SERVICES
Ust the official titre 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 indudim
employee benefits, estimated number of his/her hours to be charged under this agreement, and estimated expense
(Does not apply to non -legal services).
A_ Estimated Estimated
Title Rate Hours Expenses
Timothy A. Meinert
Qdef Deputy District $29.21/Hr. 2/Mo. $58.42/Mo.
Attorne
B. jersonnei
Ust the official title of ail personnel who will be providing services under this agreement. Also list his/her actual hourh.
rate including employee benefits, estimated number of his/her hours to be charged under this agreement, and estimate(*
expense. (Does not apply to non -legal services).
Title
Robert W. Casey
Paralegal
Actual Hourly
Rate
$16.10 /Hr.
Estimated
Hours
70/Mo.
Estimated
Excense
$1127,00/Mo.
C. For non -legal services indicate below the method of determining the expense for services provided. Expenses may h,
an hourly rate or a specified dollar amount for each service provided. Expenses are determined by multiplying the rat
developed by the estimated number of hours or estimated number of services to be provided.
D. Total Personnel Expenses $ 14,225.04
(Transfer this total to Exhibit III, Line t.)
CSE- A GREEMENT Ft
PAGE 8
EXHIBTr III
AGREEMENT BUDGET
FOR PERIOD OF 01 / 01/ 93 THROUGH 1 2 / 31 / 93
1. Services or Personnel Expenses, IncludIM employee benefits.
(From Exhibit II (D))
Z 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)
$
Total Specific Actual Expenses:
6. TOTAL EXPENSES —+
$ 14,225.04
$ 0.00
$ 100.00
S 14,925.04
i
i1 77, 17
PAGE 9
EXHIBIT IV
PERFORMANCE STANDARDS
List standards of performance that will allow for an accurate evaluation of the services being provided by the Contractor.
Performance Standards measure adherence to the conditions of the Agreement and the quality of services
provided. One criterion for performance must not be negotiable: all IV-D functions must be performed in
accordance vntim the approved Spate Plan and all relevant Federal and State legislation and regulations. Other
performance standards are open for negotiation.
Ust Performance standards that speak► dear and definite criteria. The arrangements must be acceptable to each party
and contain both qualitive and quanitative performance standards. Examples of standards are: How many spedfic
actions mud be taken; what time frame is allowable for completion of tasks, for example, paternity establishment; what
collection levels must be maintained, or what ratio of costs to collections must be achieved.
EXHIBIT IV
PERFORMANCE STANDARDS
1) Contractor and Department agree the services to be
performed by the Contractor shall be initiated on a case -by -case
bases through referral by the Department at the Department's sole
discretion. The Contractor may refer the case back to the
Department if the intake and /or locate information needed for
action is incomplete or the referral does not fall under actions
pursuant to Exhibit I or Exhibit IV.
2) The locate information provided the Contractor by
the Department in the referral shall have been verified within 30
calendar days from the date the referral is received.
3) Within 30 days from the date the referral is
received from the Department requiring an enforcement or
establishment action, the Contractor shall initiate a enforcement
or establishment remedy.
4) If court action is required, pending service of
process and available court dates, within 90 calendar days from
the date the referral is received from the Department, the
Contractor will establish an order for support or complete an
enforcement action.
5) If service of process is necessary, service must be
completed or unsuccessful attempts documented within 60 days.
6) Within one year of service of process or within one
year of the child reaching 6 months of age, whichever is later,
paternity must be established or the alleged or presumed father
excluded as the result of genetic tests and /or legal process.
7) All cases shall be worked thoroughly and
efficiently. Volume of cases will not be determined but should
remain at a consistently high level.
8) IV -D attorneys and paralegals shall perform all
child support establishment and enforcement actions pursuant to
the Code of Professional Responsibility as set forth in the
Colorado Revised Statutes, Cannons 1 -9, which binds all Colorado
attorneys and paralegals.
9) All IV -D functions performed by the IV -D attorneys
and paralegals shall be performed in accordance with all federal
and state legislation and regulation.
10) All pleading prepared by the IV -D paralegals shall
be reviewed and signed by a contracting IV -D attorney.
EXHIBIT IV(A)
SPECIAL PROVISIONS
a) The Department and Contractor agree that the Eagle
County Department of Social Services shall be the "delegate child
support enforcement unit" responsible for the carrying out of the
provisions of Title 26, Article 13.5, C.R.S. An administrative
process action that requires a request for a court hearing in any
activities specified in "Exhibit I, Scope of Services" shall be
referred to the Contractor who shall then represent the
Department at the hearing.
b) The Department and Contractor agree that wage
assignments (14 -14 -107 and 14 -14 -111, C.R.S.), verified entry of
judgments (14 -10 -122, C.R.S.), garnishments (14 -14 -105 and 13 -54-
104 (3), C.R.S., Rule 103, C.R.C.P.), and property lien actions
shall be the responsibility of the Department. The Contractor,
if requested by the Department, will represent the Department in
regard to any court hearings rising from the above activities.
The Contractor shall not warrant the Department's work and shall
dispose of any objection or other issue rising from such
activities as the Contractor views as legally correct.
c) The Department and Contractor agree that contempt
citations, judgments entered pursuant to Rule 54 and 55 C.R.C.P.,
and court hearings shall be the responsibility of the Contractor.
d) Travel costs
The Department and Contractor agree that no milage costs
shall be charged by the Contractor.
N0V161�`
WAIVER OF COMPETITIVE PROCUREMENT
FOR IV -D AGREEMENTS
EAGLE COUNTYDEPARTMEdiOFSOCKS6ivMREflUESTSAPMALF uTHESTATETOWANETNENEMMCOYPOTiMY
PROCURE THE FOLL091eNG AGREaW
{ X} COOPERATIVE REMamse(ENT AGRE13m. FORM CSE -1
{ } PURCfm OF LEGAL. SERVICES AGREE im. FORM CSE-2
WE SUBMIT THE FOLLOWING REASON(S) FOR THIS WAIVER:
Se V is AVAILABLE ONLY FROM A WOE SOLIM
A PUBLIC EMERGE W DOES NOT PERMIT THE OELAY WHICH WORD BE pGUIRRED WITH COMPETITIVE SOLICITATION;
$' { } AFTER SOUCTTWG SEVERAL SOURCES, 0011IPETIT0115 OETERWNED AS WAOEQUATE;
4 { } TOTAL ANNUAL. COST IS LEss THAN Moot
S { } EWTIRE CSE PROGRAM IS CONTRACTED TO THE DISTRICT A TTORNEY'S OFFICE;
6 { X} AGREEMENT L4 WiTH Cm. CDUNTY, OR DISTRICT A TTORNEY. EXCLL1310N ONLY APPLIES IF ATTORNEY IS AN EMPLOYEE OF THE COMY
MID NOT DEPM= FOR THE PURPOSE OF ODING CSE WORK.
'IF 1.2. 3 ARE CHECKED; WRITTEN TK#1 AND SUPPORTIVE ,AJSTTFrATTON MUST BE 5T18LYTTEO WITH THE CSE-41.
KA h een For3nash DATE
STATE APPROVAL / NON- APPROVAL
THE STATE WAS REVIEWED Ct " h cL COLAMTY'S REQUEST TO WANE THE NEED TO COLIPE7ITNEI.Y PROCURE THE FOLLOWING AGREEMENT:
{ k } COOPERATIVE REM8URSEMENT AGREEMENT. FORA CSE
{ } PURCHASE OF LEGAL S SMMB ALCM FORM CSE--P-
UPON REVIEW THE STATE:
{ �(} APPROVES WITH WAIVER FOR REASONS CMIECRED ABOVE
{ } D>?APPwrB wrm THE WAIVER. SEE ATTACHED LETTER FOR EPLANAmm
KATHRYN A. STWIK DIRECTOR, DATE
D msioN OF CHILD SUPPORT ENFORCEMENT
CSE-41 (10-91)
