HomeMy WebLinkAboutC05-015 John Collins
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AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
JOHN COLLINS, P.c., SPECIAL COUNTY ATTORNEY
THIS AGREEMENT made this 18th day of January, 2005, by and between the County of Eagle,
State of Colorado, a body corporate and politic, by and through its Board of County
Commissioners, "County" and, John Collins, P.C., hereinafter "Contractor."
1. AGREEMENT:
This Agreement shall commence on January 1, 2005 and shall end on December 31, 2005.
2. SCOPE:
A. Contractor agrees that pursuant to this contract, he shall accept the position of Special County
Attorney for only the purposes specifically enumerated in this Agreement, and in all proceedings
herein he shall appear under this agreement as counsel for County, Health & Human Services,
acting as Special County Attorney for Eagle County, Colorado.
B. County agrees to purchase and Contractor agrees to provide services to County at such time as
cases coming under the jurisdiction of County pursuant to Title 19 of Colorado Revised Statutes
the Colorado Children's Code, as amended, which require legal determinations, as well as any
advice, counsel, legal services or other representation on or relating to the normal, operation of
County, Child Protection Unit, including initiation of lawsuits initiated by County for
establishment of amounts due it. In addition services will be provided as County may require for
Adult Protective Services, such as conservatorship and guardianship proceedings.
C. County agrees to purchase and Contractor agrees to furnish up to 264 hours of attorney
services related to Child Dependency and Neglect services; Adult Protective services; and, Foster
Care Fee Establishment; and monthly case review with HHS staff at an hourly rate of$95.00.
The Contractor will not exceed 264 hours in the 2005 calendar year without the prior written
permission ofthe Director of ECHHS. The County also agrees to reimburse the Contractor for
transportation costs incurred in the provision of the above services at a rate of $.345 per mile for
a maximum of$ 1,325. The maximum amount ofthis contract is $ 26,405. Reimbursement in
addition to the above fees will be limited to actual costs reasonably and necessarily incurred,
such as filing fee, service of process, and court transcripts.
3. TERMINATION: The County may terminate this Agreement upon ten (10) days written
notice to Contractor if it is deemed by the County in its sole discretion, that the Contractor is not
fulfilling the program as specified in this Agreement, or for any other reason. Upon such
termination any unexpended funds shall be returned to the County. In addition, any funds not
properly expended according to project objectives shall be returned by Contractor to County.
In the event the Contractor becomes insolvent, is declared bankrupt or dissolves, the County may
declare in writing that this Agreement is terminated, and all rights of the Contractor and
obligations of the County shall terminate and cease immediately.
4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements:
A. All funds received by Contractor under this Agreement shall be expended solely for the
purpose for which granted, and any funds not so expended, including funds lost or diverted for
other purposes, shall be returned to County.
B. Contractor shall maintain adequate financial and programmatic records for reporting to the
County. The Contractor shall maintain all records pertaining to this Agreement for a minimum
of three (3) years and may be subjected to an audit by federal, state or county auditors or their
designees, as requested. If an auditor discovers misuse of funds, the Contractor shall return said
misused funds to the County. The Contractor hereby authorizes the County to perform audits or
to make inspections during normal business hours upon 48 hours notice to Contractor, for the
purpose of evaluating performance under this Agreement. The Contractor will allow access to
and cooperate with authorized Health & Human Services representatives in the observation and
evaluation of the program and records. The Contractor shall have the right to dispute any claims
of misuse of funds and seek an amicable resolution with the County.
C. Customer Service/Termination: In rendering its services, Contractor shall comply with the
highest standards of customer service to the public. Contractor shall provide appropriate
supervision of its employees to ensure the maintenance of these high standards of customer
service and professionalism, the performance of such obligation to be determined at the sole
discretion of the County. In the event that the County finds these standards of customer service
are not being met by the Contractor, the County may terminate this Contract, in whole or in part,
upon providing ten (10) days notice to the Contractor.
D. The Contractor shall comply with all applicable rules and laws governing the practice of law
in Colorado. The Contractor shall be solely responsible for ensuring proper licensing and
credentialing ofthose providing services under this Agreement.
E. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section
504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age,
religion, political beliefs, national origin, or handicap.
F. Contractor shall safeguard information and confidentiality of the child and the child's family
in accordance with rules of the Colorado Department of Human Services and Eagle County
Health and Human Services, and the Health Information Privacy and Accountability Act.
G. The Contractor will notify Eagle County Health & Human Services immediately of all reports
of suspected child abuse or neglect involving the Contractor, including, but not limited to,
employees, volunteers and clients. Health & Human Services contractors are considered to be
mandatory reporters for suspected child abuse and neglect and are to make those reports directly
to Eagle County Health & Human Services - Adult and Family Services Division -
(970) 328-8840.
J. The Contractor shall submit monthly billings to the County. Billings will be paid through the
County's usual bill paying process. Billings must be submitted by the fifth working day ofthe
subsequent month in order to be eligible for reimbursement, except that billings for services
provided through June 30, 2005 must be submitted by July 1, 2005; and billings for services
provided through December 31, 2005 must be submitted by January 6, 2006 in order to be
eligible for reimbursement.
5. NOTICE:
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
THE COUNTY: THE CONTRACTOR:
Eagle County Health & Human Services John C. Collins, P.C.
Post Office Box 660 POBox 664
Eagle, CO 81631 Glenwood Springs, CO 81602
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States
Postal Service.
6. ASSIGNMENT:
The Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. Any assignment without the prior written consent of
County shall cause this Agreement to terminate.
7. MODIFICATION:
Any revision, amendment or modification to this Agreement, shall only be valid if in writing and
signed by all parties.
8. INSURANCE:
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Type ofInsurance Coverage Limits
Professional Liability Insurance $ 500,000 per occurrence
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to Eagle County upon execution of the Agreement.
9. MISCELLANEOUS:
A. The parties to this Agreement intend that the relationship of the Contractor to the County is
that of independent contractor. No agent, employee or volunteer ofthe Contractor shall be
deemed to be an agent, employee or volunteer ofthe County.
B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the
County and their respective heirs, legal representatives, executors, administrators, successors and
assigns. Neither party may assign or delegate any of its rights or obligations hereunder without
first obtaining the written consent of the other party.
C. In the event of litigation in connection with this Agreement, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff
time and other claim related expense.
D. The invalidity or unenforceability of any provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and
the individual members thereof, its agencies, departments, officers, agents, employees, servants
and its successors from any and all demands, losses, liabilities, claims or judgments, together
with all costs and expenses, including but not limited to attorney fees, incident thereto which may
accrue against, be charged to or be recoverable from the County, its Board of Commissioners,
and the individual members thereof, its agencies, departments, officers, agents, employees,
servants and its successors, as a result ofthe acts or omissions of Contractor, its employees or
agents, in or in part pursuant to this Agreement or arising directly or indirectly out of
Contractor's exercise of its privileges or performance of its obligations under this Agreement.
F. The Contractor shall comply with all applicable laws, resolutions, and codes.
G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have
no obligations under this Agreement, nor shall any payments be made to Contractor in respect of
any period after December 31 st of each calendar year during the term of this Agreement, without
the appropriation therefore by the County in accordance with a budget adopted by the Board of
County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et.seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
H. This Agreement shall be governed by the laws ofthe State of Colorado. Jurisdiction and
venue for any suit, right or cause of action arising under, or in connection with this Agreement
shall be exclusive in Eagle County, Colorado.
I. This Agreement supersedes all previous communications, negotiations and/or agreements
between the respective parties hereto, either verbal or written, and the same not expressly
contained herein are hereby withdrawn and annulled. This is an integrated agreement and there
are no representations about any of the subject matter hereof except as expressly set forth in this
Agreement. No alterations, amendments, changes or modifications to this Agreement shall be
valid unless executed by an instrument in writing signed by both parties.
J. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any
third party or parties any right to claim damages or to bring any suit, action or other proceeding
against either Contractor or the County because of any breach hereof or because of any of the
tenns, covenants, agreements and conditions herein.
K. Contractor hereby certifies that it has read the Agreement, understands each and every term
and the requirements set forth herein, and agrees to comply with the same.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set
forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have
been delivered to County and one to the Contractor.
AGLE, STATE OF COLORADO
\'ts Board of County Commissioners
By:
Chai
,ATTEST: ~ '.
_ ~f~
~~
Clerk to the Board of County Commissioners
~ ~
". L41
"(J"'~!
\ ~ . CONTRACTOR: Jo Collins, P.C.
By:
Eagle County ~ Contract Number
Department of Health & Human Services #
ClULD 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
3. { } Sole source (attach explanation)
4. { } Public emergency (attach explanation)
Date procured: / _/-
This Agreement is executed as of ~ / ~ / ~ by and between John Collins (hereinafter
"Contractor") and the Eagle County Department of Health & Human Services(hereinafter "Department");
This Agreement shall be in effect from ~ / ~ / 2005 through -R / 2l. / 2005 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 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 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 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," hereby 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. 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 n 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 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," hereby attached and
incorporated by reference. The Agreement Budget shall establish the maximum reimbursement
CSE-2 (REVISED 10/01)
CSE - AGREEMENT FOR SERVICES PAGE 2
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 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.
c. This is a fixed price contract for $19,380. Payment shall be made to the Contractor on a monthly
basis in the amount of $1,615. 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 3c.
2) Non-legal Services - Actual costs for these services are included in the monthly payment
amount described in paragraph 3c.
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 3c.
4) Training - Reimbursement for the Contractor and staff for cost of and time spent in training
shall be negotiated between the Contractor and the Department as described in Exhibit m.
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.
5) Specific actual expenses - Other costs related to providing services under the agreement may
include long distance telephone calls, genetic 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 3c.
d. In addition to the monthly fixed price amount, actual costs will be reimbursed for the following:
1) Up to 1,800 miles annually reimbursed at .345 per mile
e. Reimbursement of costs incurred pursuant to this agreement is expressly contingent upon the
availability offederal 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.
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 the 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.
CSE - AGREEMENT FOR SERVICES PAGE 3
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 $5000 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.
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/applicant
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
CSE - AGREEMENT FOR SERVICES PAGE 4
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," hereby 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
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
CSE - AGREEMENT FOR SERVICES PAGES
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 FOR 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 hislher designee; however, the State of Colorado, the Colorado Department of
Human Services, the Executive Director, or hislher designee, are not parties to this agreement.
. 'bS-
Name, Address, and Phone Number:
(of Contractor)
r John C. Collins 1
1416 Grand Avenue
Suite A
PO Box 664
Glenwood Springs, CO 81602
(970)945-2077
Member, County Board of Date
Commissioners *
Member, County Board of Date
L J Commissioners *
APPROVED: STATE OF COLORADO
Bill Owens, Governor
~~~ Member, County Board of Date
~1111 0) Commissioners*
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 this agreement for the County Commissioners then a
copy of the Board's resolution to do so must be attached.
CSE-AGREEMENTFORSERVICES PAGE 7
EXHIBIT I
SCOPE OF SERVICES
Services which may be included in Purchase of Legal 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 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. { 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. { X} UIFSA (Colorado Initiating) - activities related to the initiation of child support
enforcement reciprocal support actions.
F. {X } UIFSA (Colorado Responding) - activities related to the processing of child support
enforcement reciprocal support actions initiated by other jurisdictions.
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.
I. { } !NT AKE - activities associated with initial child support case opening and
information 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.
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 g20-l-20l,
c.R.S. in order to prosecute such actions.
O. { X} ESTABLISHMENT OF FOSTER CARE FEE ASSESSMENT - activities related to
determining a parent's foster care fee assessment when that parent has been assessed
a temporary foster care fee through administrative process action and that parent
disagrees with the assessment and has requested a court hearing.
CSE-AGREEMENTFORSERVICES 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 hislher actual hourly rate including employee benefits, estimated
number of hislher hours to be charged under this agreement, and estimated expense. (Does not
apply to non-legal services).
Name and Actual Hourlv Estimated Estimated
Title Rate Hours Expenses
John Collins
Attorney Services $95 146
Paralegal Services $45 122
B. Personnel
List the name and official title of all personnel who will be providing services under this
agreement. Also list hislher actual hourly rate including employee benefits, estimated number of
hislher hours to be charged under this agreement, and estimated expense. (Does not apply to non-
legal services).
Name and Actual Hourlv Estimated Estimated
Title Rate ~ Expenses
I I
C. Total Personnel Expenses $ 19,380
(Transfer this total to Exhibit Ill, Line 1.) I I
eSE-AGREEMENT FOR SERVICES PAGE 9
EXHIBIT ill
AGREEMENT BUDGET
FOR PERIOD OF ~ / .QL.- / 2005 THROUGH..l1-/2.L / 2005
1. Personnel Expenses, including employee benefits. $ 19.380
(From Exhibit II - C)
2. Travel Expenses (specify) $ 621
up to 1800 miles annually at .345/mile
3. Training Expenses (specify) $
4. Specific Actual Expenses:
a. Automated Data Processing $
b. Office Space $
c. Capital Outlay $
d. Genetic Tests $
e. Other (specify) $
Total Specific Actual Expenses: $
5 TOTAL EXPENSES $ 20.001
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. All N -D functions must be performed in accordance with the approved State Plan and all relevant
Federal and State legislation and regulations.
CSE-AGREEMENTFORSERVICES PAGE 11
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
carrying out the provision of Title 26, Article 13.5, C.R.S. An administrative process
action that requires a request for 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.RS.), garnishments (14-14-105 and 13-54-
104(3), C.RS., Rule 103, C.RC.P.), and property lien actS ions shall be the responsibility
of the Department. The Contractor, if requested by the Department, will represent the
Department in regard to any court hearings arising 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.RC.P. and court hearings shall be the responsibility of the
Contractor.
d) Travel costs. The Department and Contractor agree that Contractor will be reimbursed
by the Department for up to 1,800 miles annually at .345/mile.
J: \Self Sufficiency\cse\Contracts\cse attorney contracts\2005.doc
KL 12/14/2004
