No preview available
HomeMy WebLinkAboutC99-021 EC Social Servicesr _ . EAGLE Department of Social Services C .it County FEB 1 7 9 !' � -�-„ ice. r„✓ Contract Number CHILD SU 'PORT ENFORCEMENT COOPERATIVE REMMURSEMENT AGREEMENT This agreemen is executed as of ��v',f �- by and between Eagle Courity Attorney 1n Offi_r►a (hereinafter "Contractor") and the Eagle County Department of Social Services (hereinafter "Department"); This Agreement shall be in effect from 01 / 01 / 19 9 9 t)rough 12 / 31 11999 and shall not exceed twelve (12) months. The Department, under Part D of Title W of the Social Security Act, 45 CFR 92, 232, 301 through 307, and 26-13-101, at. 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 N D services within the meaning of Federal regulations, and 2) assist in other child support enforcement matters of common concern to the Department and the Contractor, and the Contractor desires to enter into such an agreement with the Department; The Department and the Contractor therefore agree as follows: 1. Sgoe of Services Services shall be provided by the Contractor to any person(s) eligible for N-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 Euiubit lI is attached and incorporated by reference. The addition or deletion of personnel listed in Exhibit H of this Agreement must be accomplished by a memorandum with an updated Exhibit 11 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 U must comply with the requirements of this paragraph - two (2). CSE-1(ReMM 11198) �d CSE - AGREEMENT FOR SERVICES PAGE 2 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 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 5310.2119 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 -tune 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 Attorneys 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 Depar inwL 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. - rn `q� CSE - AGREEMENT FOR SERVICES PAGE 3 d. Reimbursement of costs incurred pursuant to this ant is expressly coutingeat upon the availability of federal funds to the Colorado Dept 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. Tenninat ion 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. Anc-endment Thus Agreement may be amended by mutual consent, provided that the amendmem is written on Form CSEA properly executed and made a part of this Aft. All are expressly made subject to the approval of the Executive Director, Colorado Depart of Human Services, or designee; however, the State of Colorado, the Colorado Department of Human Services and the Executive Director, 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 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) 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, prograrn 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. Confiden iality 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. \%Ooi CSE - AGREEMENT FOR SERVICES 9. Political Activities PAGE 4 None of the funds, materials, property, personnel or services contributed by the United States, the State of Colorado, the Colorado Department of Hunan Services or the Department under this agreement shall be used for any partisan political activity, or to fiuther 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 Apvlicable 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, doc.mnents, 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 . 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 15. Responsibility for Conduct of Individuals PAGE 5. 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 hi, "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 H are not the responsibility of f 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 fidfillmg or completing all the terms of this 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. 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 Departnnents when authorized by the Department. CSE - AGREEMENT FOR SERVICES PAGE 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. EAGLE COUNTY ATTORNEY'S OFFICE By and Through the BOARD OF COUNTY COMMISSIONERS �p ' 7SLcLC l-Z7 /,/Q? County Dir�cU Daie l/IlKathleen o-r1nash Ontractor _ ate \ 1 4 J . TI71/! i/A . Ud .n 1 rin Type Name, Address, and Phone Number. (of Contractor) I County Board of Date ..ao.. * Date Member, County Board of Date Commissioners * Member, County Board of Date Commissioners * APPROVED: STATE OF COLORADO Bill Owens, Governpr Member, County Board of Date Commissioners* 3/a/5 5 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 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 EXHIBIT I SCOPE OF SERVICES Services which may be included in Cooperative Reimbursement Agreements: PAGE 7 A. { X } PARENTAGE DETERMINATION - activities related to the parentage of dependent children. B. { x } ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - activities related to determining a noncustodial parent's legal obligation, both financially and medically, to support Ins or her dependent children, including paternity determination when necessary and modification of court orders when appropriate. C. { x } ESTABLISHMENT OF THE AMOUNT OF SUPPORT - activities related to determining a noncustodial 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. { } 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, with the Agreement, proof of deputimation of the private attorney by the Distriq Attorney. G. { 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 infomsation collection. J. { x } LOCATE - activities associated with locating a noncustodial parent and locating the assets of a noncustodial parent. K. { x} FINANCIAL ASSESSMENT - activities related to determining -a noncustodial parent's ability to provide support. COLLECTION - activities related to monitoring support payments. M. { X) INVESTIGATION - activities related to investigation necessary to accomplish child support enforcement functions. N. X ESTABLISHMENT OF FOSTER CARE FEE ASSESSMENT -activities related to determining a parent's foster care fee assessment when that arent has been assessed a tempprary Poste care fee h ou h administrativ �rroces e�ction aidthatlarent isagrees w ti tie assessment and has \wasp, 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, appond 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 benef ts, 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 Estiarat Eatim ed Title tle Rye HBERmes County Atty. $105 2 $210 B. Personmel 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 expense. (Does not apply to non -legal services). Nance and Actual Hourly Es ' ated E t Title Rate Hogs ses Deputy Cty Atty $77 --__ Asst Cty Atty 77---------------75 - $5135 Paralegal 50 — C. Total Personnel Expenses S 52345.00 (Transfer this total to Exhibit III, Line 1.) 1 rai' �p,J CSE - AGREEAMNT FOR SERVICES PAGE 9 EXHIBIT III AGREEMENT BUDGET FOR PERIOD OF 1 / 1 / 99 THROUGH 1_2 / 31 / 99 1. Personnel Expenses, including employee benefits. (From Exhibit II - C) 2. Travel Expenses 3. Training Expenses 4. Operating Expenses 5. Specific AchW Expenses: a. Automated Data Processing $ b. Office Space $ c. Capital Outlay $ d. Blood Tests $ C. Other (specify) $ Total Specific Actual Expenses: 6. TOTAL EXPENSES $ 59345.00 $ 5,345.00 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. 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 basis through referral by the Department at the Department's sole discretion. The Contractor may refer the case back tot he 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 an 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 90 days of locating the alleged father, service of process must be completed, paternity established and an order for support established. 7) All cases shall be worked thoroughly and efficiently. Volume of cases will not be determined but should remains 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 pleadings prepared by the IV-D paralegals shall be reviewed and signed by a contracting IV-D attorney. 104� ` m EXHIBIT IV(A) SPECIAL PROVISIONS a) The Department and Contractor agree that the Eagle County Department of Health & Human 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 (14-14-111.5, 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 mileage cost shall be charged by the Contractor. -- STATE OF JOLORADO COLORADO DEPARTMENT OF HUMAN SERVICES 1575 Sherman Street Denver, Colorado 80203-1714 Phone (303) 866.5700 TDD(303)866.6293 FAX (303) 8664214 /Jy ' d r Bill Owens �C Governor RNFy March 8, 1999 Kathleen Forinash, Director Eagle County Department of Social Services P.O. Box 660 Eagle, CO 81631 Dear Ms. Forninash: This letter is to inform you that this office has approved the 1999 Cooperative Reimbursement Agreement between Eagle County Department of Social Services and Eagle County Attorney's Office. If you have any questions, please call Sandy Pratt at 303-839-5043. Sincerely, Pa4--j-"AL't Pauline Burton, Director Division of Child Support Enforcement cc: Eagle County Attorney's Office Andy Feldman, Field Administrator