HomeMy WebLinkAboutC06-034
Eagle County Contract Number
Department of Health & Human 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
3. { } Sole source (attach explanation)
4. { } Public emergency (attach eXplanation)
Date procured: _/_/-
This Agreement is executed as of January 31, 2006 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 January 1, 2006Jhrough December 31, 2006 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 ofa 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: I) 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 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 Human Services, or designee. The new Exhibit II must comply with the requirements
of this paragraph - two (2).
CSE-2 (REVISED 10/01)
CSE-AGREEMENTFORSERVICES PAGE 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
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 based on itemized statements. Monthly payments to the Contractor shall detail 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 III.
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 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 FOR SERVICES 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 10 (10) days citing the reason(s) for termination. Upon such termination, the Contractor shall
furnish to the Department, as property ofthe 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 $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.
CSE - AGREEMENT FOR SERVICES PAGE 4
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 ofthe 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 Investil!ations
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 ofthe 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 FOR SERVICES PAGE 5
16. Special Attornev
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. Attornev 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 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 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~~ ;j3jtl:;;
County Di~r Date
Date
Name, Address, and Phone Number: Peter Runyon, Chairman Date
(of Contractor) Eagle County Board of Commissioners
r John C. Collins l
1416 Grand A venue Tom Stone, Vice-Chairman Date
~
PO Box 664 (Eag~Ounty Board of Commissioners
G1enwood Springs, CO 81602 ~~~Member Date
(970)945-2077
Eagle County Board of Commissioners
APPROVED: STATE OF COLORADO
Bill Governor
CSE - AGREEMENT FOR SERVICES 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} UlFSA (Colorado Initiating) - activities related to the initiation of child support
enforcement reciprocal support actions.
F. {X } UlFSA (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. { } INTAKE - 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 920-1-201,
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 - 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, appoint 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 benefits, estimated
number ofhislher 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 !!m!.!:! Expenses
John Collins
and Sherry Caloia
Attorney Services $95 204 19,380
B. Personnel
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
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
I I
C. Total Personnel Expenses $ 19,380
(Transfer this total to Exhibit III, Line 1.) I I
CSE - AGREEMENT FOR SERVICES PAGE 9
EXHIBIT III
AGREEMENT BUDGET
FOR PERIOD OF ....QL I ..!li- I 2006 THROUGH --1L- I ..J.L I 2006
1. Personnel Expenses, including employee benefits. $ 19,380
(From Exhibit II - C)
2. Travel Expenses (specify) $ 630
up to 1800miles 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 $ 20.010
CSE - AGREEMENT FOR SERVICES PAGE 10
EXHIBIT IV
PERFOR~ANCESTANDARDS
List standards of performance that will allow for an accurate evaluation of the services being provided by
the Contractor.
1. All IV -D functions must be performed in accordance with the approved State Plan and all relevant
Federal and State legislation and regulations.
CSE - AGREEMENT FOR SERVICES PAGE 11
EXHIBIT IV(A)
SPECIAL PROVISIONS
a) The Department and Contractor agree that Eagle County 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.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 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.R.c.P. and court hearings shall be the responsibility of the
Contractor.
d) The Contractor agrees to participate in the IV-D Attorney Group.
e) 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.
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