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HomeMy WebLinkAboutCourt Administration - Franklin County Sheriff's OfficeIntergovernmental Agreement– Sheriff 1 This intergovernmental agreement, hereinafter referred to as the agreement, effective October 1, 2025, is made this ______________ day of __________________, 2026, by and between the Board of County Commissioners of the County of Franklin, Pennsylvania, AND the Franklin County Sheriff’s Office, hereinafter Sheriff, AND the Court of Common Pleas of Franklin County, Domestic Relations Section, hereinafter referred to as the DRS. W I T N E S S E T H: WHEREAS, the Franklin County Domestic Relations is in need of law enforcement personnel to perform various duties on behalf of DRS; and WHEREAS, the Sheriff has historically provided Deputy Sheriffs to perform various duties on behalf of the DRS; and WHEREAS, the Sheriff has agreed to continue to assign Deputy Sheriffs to perform such duties; and WHEREAS, the DRS will seek reimbursement for the child support enforcement services rendered by the Sheriff/Deputy Sheriff's to the DRS; and WHEREAS, the Sheriff and the DRS desire to set forth the terms and conditions necessary to effectuate this assignment of and reimbursement for the child support enforcement services of the Sheriff/Deputy Sheriff's; NOW, THEREFORE, in consideration of the foregoing, the Sheriff and the DRS set forth the following as the terms and conditions of their agreement: Intergovernmental Agreement– Sheriff 2 I. PURPOSE OF THIS AGREEMENT The purpose of this agreement is to maintain and improve the effectiveness of the Title IV-D Child Support Enforcement Program by outlining those duties that the Sheriff shall perform on behalf of the DRS and the terms by which those duties shall be performed. II. DUTIES OF THE SHERIFF/DEPUTY SHERIFF 1. Research warrants, make calls to defendants for the purpose of locating defendants to personally serve them, and to encourage defendants to voluntarily turn themselves in. 2. Make attempts to locate the defendant to serve the warrant. 3. Serve Domestic Relations warrants. 4. Notify the DRS upon apprehension of a defendant that the defendant is in custody and the defendant is to be transported to the county prison or the DRS. 5. Transport DRS defendants to the DRS or prison as ordered by the court in support- related actions. 6. Transport any defendants apprehended after business hours to the county prison and notify the DRS immediately. 7. Provide personal service of DRS petitions. 8. Perform various other civil processes as required or any other activities to expedite the warrant. 9. Maintain certifications as requested by the DRS Director. 10. Perform other duties as prescribed by the DRS Director in writing and approved by the Sheriff. Intergovernmental Agreement– Sheriff 3 III. DUTIES OF THE DRS 1. Provide access to all relevant information on cases with active warrants, available from case files, automated databases and computer interfaces. 2. Prioritize cases to be addressed. 3. Provide adequate clerical support in the DRS offices to the Deputy Sheriffs as it relates to DRS activities. 4. Provide training and instruction in specific DRS procedures and general child support enforcement to the assigned Sheriff Deputies (which may include off-site training). 5. Provide certain equipment (or funds to purchase) necessary, as determined by DRS, to maintain a safe and effective means of performing Title IV-D duties. IV. REIMBURSEMENT OF TITLE IV-D EXPENDITURES The DRS agrees to pay the Sheriff per the fee schedule designated in the Sheriff Fee Act (42 P.S.) §§ 21101-21120. The Sheriff shall bill the DRS for child support enforcement services performed, which includes the currently charged fees for serving bench warrants and various other civil processes as required, for mileage (per trip), and any other fees associated with the service of process. Warrant service shall be reimbursed to the Sheriff unless exonerated by the Court. Defendants who turn themselves “in” pursuant to a verbal or written warning by the Sheriff shall be considered served for the purpose of reimbursement. Defendants who turn themselves in without the Sheriff's intervention shall not be considered served. The Sheriff shall maintain auditable records to support its reimbursement claim. Transportation of an individual must be directly connected with the initial service of an active child support enforcement bench warrant in accordance with 45 CFR § 304.21. Reimbursable arrest activity is defined as taking an individual into physical custody pursuant to court-issued process and transporting that person to the court that ordered the individual’s arrest. The arrest activity is complete for Title IV-D reimbursement purposes when the individual is delivered to the court or jail, whichever occurs first. Arrest and bench warrant service activity does not include subsequent incarceration, arraignment, Intergovernmental Agreement– Sheriff 4 post-arrest inmate transportation to and from court, or other activities that may occur as the result of an arrest. Federal funding for these costs is prohibited under 2 CFR § 200.444 (relating to general costs of government) since these activities are the overall responsibilities of state or local governments. The Sheriff/Deputy Sheriff shall provide required documentation of child support activities performed on behalf of the DRS, including, but not limited to, arrest reports, entries in DRS files, daily time sheets, reports, and any and all other documentation as required by the DRS Director. The Sheriff/Deputy Sheriff shall receive general guidance and direction from the DRS Director regarding Title IV-D-related services for costs to be considered eligible for federal financial participation (FFP) in accordance with 45 CFR § 304.21. Expenditures under this Agreement shall be reasonable and necessary and supported by adequate documentation in accordance with 2 CFR § 200.403 (relating to factors affecting allowability of costs). Non-personnel-related costs (equipment purchases, Title IV-D training costs) will be identified and documentation will be provided as required. V. ADMINISTRATIVE DUTIES OF THE SHERIFF 1. Confidentiality of Records The Sheriff shall maintain the confidentiality of information concerning applicants for and recipients of child and spousal support enforcement services and ensure that such information is used only as provided by law under 45 CFR §§ 303.21 and 307.13 and Title 55 of the Pennsylvania Code (55 Pa. Code), Chapter 105. The Sheriff understands that federal and state laws prohibit disclosure of confidential information as specified in Title 5 of the United States Code (5 U.S.C.) § 552a; 18 U.S.C. § 641; 26 U.S.C. §§ 6103, 7213, 7213A and 7431; and 23 Pa.C.S. §§ 4304.1(d) and 4376(d). 2. Record Retention Requirements The Sheriff shall retain all records required under this agreement for at least four Intergovernmental Agreement– Sheriff 5 years from the date they are closed in accordance with Section 3.7 of the Title IV-D Cooperative Agreement. If any audit, claim, negotiation, or other action involving the records has been started before the expiration of the four-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it, or until the end of the regular four-year period, whichever is later. The Sheriff shall comply with the requirements of 2 CFR § 200.334 (relating to retention requirements for records). 3. Access to Records The Sheriff shall provide access to DHS, the Pennsylvania Auditor General, authorized representatives of the federal Department of Health and Human Services (DHHS), including the DHHS Inspector General, and the Comptroller General of the United States, as required by 2 CFR § 200.337 (relating to access to records), with respect to all case files, books, documents, papers, or other records. Upon request, the Sheriff shall forward copies of the records to Bureau of Child Support Enforcement (BCSE). 4. Adequate and Auditable Records Required The Sheriff shall maintain adequate and auditable records to support all billable services. The billable service records shall follow the provisions of 2 CFR Part 200 Subpart E–Cost Principles. Ongoing auditable time records for the provision of services must include, but are not limited to, dates of service and type of service provided. 5. Equal Employment Opportunity The Sheriff shall comply with 41 CFR § 60-1.4(a). 6. Suspension and Debarment The Sheriff shall be subject to 2 CFR, 200.214, 2 CFR parts 180 and 376 and Executive Orders 12549 and 12689 regarding suspension and debarment of non-federal entities and contractors. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Additionally, in compliance with Intergovernmental Agreement– Sheriff 6 paragraph 22(B)(a) of Attachment D of the Title IV-D Cooperative Agreement, DRSs are required to immediately notify DHS, BCSE if the Sheriff is suspended or debarred by the state, federal government, or any other state or governmental entity. VI. AFFIRMATION OF FEDERAL SUPREMACY The parties affirm compliance with the requirements of Title IV-D of the Social Security Act, implementing federal regulations and all other applicable federal regulations and requirements. 1. Term of Agreement Subject to the availability of federal funds, the effective dates of this agreement shall be October 1, 2025, through September 30, 2030. [Date of expiration cannot exceed expiration date of the current Title IV-D Cooperative Agreement.] 2. Amendments Notwithstanding any other provisions of this agreement, it is agreed that this agreement is deemed to conform to all present state and federal laws and regulations and any future changes in these laws and regulations. This agreement constitutes the entire agreement between the parties. All other modifications, alterations, or waivers of the provisions of this agreement shall be valid only when they have been reduced to writing and duly executed by all parties. Intergovernmental Agreement– Sheriff 7 3. Termination This agreement may be terminated by either party on 180 days written notice to the other. In case of malfeasance, misfeasance, nonfeasance, or non-performance of any of the duties specified herein on the part of the Sheriff, this termination clause shall not apply, and the DRS shall be free to terminate this agreement immediately and without any prior notice. 4. Approval for Federal Financial Participation Pursuant to §§ 3.13 and 5.3(b) of the Title IV-D Cooperative Agreement, it is understood by the parties that before this agreement and any amendments thereto may become effective, it must be reviewed and approved by DHS, and as necessary, the federal Office of Child Support Enforcement, as to its terms and content. This review also ensures compliance with 2 CFR Part 200 and Chapter III. IN WITNESS WHEREFORE, the parties hereto have executed this agreement on this ______ day of ____________ in the year 2026, by Franklin County Court of Common Pleas, and , President Judge , Chairman, County Commissioners , County Commissioner , County Commissioner , Sheriff Shawn D. Meyers (Apr 21, 2026 16:16:55 EDT) Benjamin H. Sites (Apr 21, 2026 17:15:35 EDT) Benjamin H. Sites