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HomeMy WebLinkAboutC01-135 Child Support Enforcement AgreementEagle County Contract Number Department of Social Services CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL SERVICES AGREEMENT How Agreement was procured 1. { } Competitive Sealed Bid or Competitive Negotiation 2. {X} Small Purchase, less than $25,000 or { } Non - Competitive Negotiation due to { } sole source { } public emergency (attach explanation). Date procured: / / This agreement is executed as of l 2-G 'O t by and between _John Collins (hereinafter "Contractor ") and the Eagle County Department Social Services (hereinafter "Department "); This Agreement shall be in effect from � / U � l G' t through 12 / 31 / 2001 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 Federal regulations, and The Department desires to enter into an agreement with the Contract 7 r� the services necessary to establish paternity, establish support obliga `4-L u- l eligible for IV -D services within the meaning of Federal regulat 1 enforcement matters of common concern to the Department and th( enter into such an agreement with the Department; G/I The Department and the Contractor therefore agree as follows: -�, 1. Scope of Services Services shall be provided by the Contractor to any person(s) eli� Exhibit I "Scope of Services," a copy of which is attached_ and inc 2. Personnel 6' 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 Il 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 H must comply with the requirements of this paragraph - two (2). CSE -2 (REVISED 11199) CSE - AGREEMENT F _:`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 and substantiating work performed pursuant to Exhibit I of this Agreement in accordance with the rules and regulations of the Colorado 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. .Billings must be signed by the Contractor. Failure to submit monthly billings 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. This is a fixed price contract for _$18,360 . Payment shall be made to the contractor on a monthly basis in the amount of $_1,530 . Monthly payments to the Contractor shall include the following services: 1) Personal Services - 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. Actual costs for these services are included in the monthly payment amount described in paragraph 3b. 2) Non -legal Services - Actual costs for these services are included in the monthly payment amount described in paragraph 3b. 3) Travel - Reimbursement for the Contractor and staff time spent in traveling shall be negotiated between the Contractor and the Department. Actual costs for these services are included in the monthly payment amount described in paragraph 3b. 4) Training - Reimbursement for Contractor and staff for cost of and time spent in training shall be negotiated between the Contractor and the Department. Actual costs for these services are included in the monthly payment amount described in paragraph 3b. 5) 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. Actual costs for these services are included in the monthly payment amount described in paragraph 3b. d. In addition to the monthly fixed price amount, actual costs will be reimbursed for the following: 1) None e. 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. f. 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. g. If the utilization of services included in plan exceeds the plan by more than 40 %, this contract shall be modified. CSE - AGREEMENT FLSERVICES PAGE 3 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 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 Human 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, program 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. 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 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. CSE - AGREEMENT F L� SERVICES C, 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 recipient/apphcant 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/Independent Contractor The Department and Contractor shall define standards of performance that will allow for an accurate display of the expected services being provided by the Contractor. In order to demonstrate that the Contractor is free from control and direction in the performance of the services under this contract and that the Contractor is customarily engaged in an independent trade, occupation, profession, or business related to the services performed pursuant to this Contract, the parties to this agreement acknowledge the following: The standards are agreed upon expectations and are not to be construed as control and direction from the Department, but, rather, as an understanding of the anticipated performance of the Contractor. 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 SERVICES PAGE 5 16. Special Attorn ey 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. 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 when authorized by the Department. CSE - AGREEMENT "FL'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. C actor Date Name, Address, and Phone Number: (of Contractor) 66 I APPROVED: STATE OF COLORADO Bill Owens, Governor J Executive Director (or Designee) Date Colorado Department of Human Services County Director Date ti OGLE � 5 S 4 ber, County Board of Date ui a issioners ��0 1,9° .. (1 . M McMber, -County Bolbft�of Date- Commissioners * ` Member, County Board of Date Commissioners,* Member, County Board of Date Commissioners * Member, County Board of Date Commissioners* 5 /g /o1 * If the Board of County Commissioners resolves to empower the Chairperson of the Board of County Commissions to enter into this Agreement for the County Commissioners then a copy of the Board's resolution to do so must be attached. CSE - AGREEMENT Fc' "SERVICES PAGE 7 EXIIIBIT I SCOPE OF SERVICES Services which may be included in Purchase of Legal Services Agreements: A. { } PARENTAGE DETERMINATION - activities related to determining the parentage of dependent children. B. { } ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - activities related 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. C. { } ESTABLISHMENT OF THE AMOUNT OF SUPPORT - activities related to determining a noncustodial parent's support obligation, including methods and terms of payment. D. { } 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. F. { } UIFSA (Colorado Responding) - activities related to the processing of child support enforcement reciprocal support actions initiated by other jurisdictions. 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. { } LOCATE - activities associated with locating a noncustodial parent and locating the assets of a noncustodial parent. K. { } FINANCIAL ASSESSMENT - activities related to determining a noncustodial parent's ability to provide support. L. { } COLLECTION - activities related to monitoring support payments. M. { } 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 -201, C.R.S. in order to prosecute such actions. CSE - AGREEMENT F 1"tSERVICES 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 estimated hourly rate including employee benefits and estimated number of his/her hours to be charged under this agreement. (Does not apply to non -legal services). Name and Title John Collins (attorney svcs) Paralegal svcs B. Personnel Estimated Hours 144 120 Estimated Hourly Rate $90.00 $45.00 List the name and official title of all personnel who will be providing services under this agreement. Also list his/her estimated hourly rate including employee benefits and estimated number of his/her hours to be charged under this agreement. (Does not apply to non -legal services). Name and Estimated Estimated Hourly Title Hours Rate A I CSE - AGREEMENT FSERVICES C PAGE 9 . EXHIBIT III AGREEMENT BUDGET FOR PERIOD OF _ / _ / _ THROUGH 12 / 31 /2001 1. Total fixed -price costs including personnel, travel, training, and operating costs. _$_18,360 2. Specific Actual Expenses: m a. b. $ C. $ d. $ e. $ Total Specific Actual Expenses: 3. TOTAL EXPENSES $ $_18,360. CSE - AGREEMENT F LSERVICES - PAGE 10 EX =IT N PERFORMANCE STANDARDS List standards of performance that will allow for an accurate evaluation of the services being provided by the Contractor. All N -D functions must be performed in accordance with the approved State Plan and all relevant Federal and State legislation and regulations.