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Home My WebLink AboutC08-382Eagle County Department of Health & Human Services Contract Number 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: I � / O q / N. 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 01 / 01 / 2009 through 12 / 31 / 2009 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 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). 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 CSE -2 (RmsED 0810 7) CSE - AGREEMENT FOR SERVICES PAGE 2 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 $24,942. Payments shall be made to the Contractor on a monthly basis in the amount of $2,020. Monday payments to the Contractor shall include the following services: 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 -time 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) Travel - Reimbursement for the Contractor and staff time spent in traveling shall be negotiated between the Contractor and the Department as described in Exhibit III. Costs shall be substantiated by records (such as bills, tickets, etc.) indicating the dates, purposes, destinations, and costs of such travel. 3) 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. 4) 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. Costs shall be substantiated by records indicating the reasons and the dates of the charges. d. In addition to the monthly fixed price amount, actual costs will be reimbursed for the following: 1) Up to 1,200 miles annually reimbursed at .585 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 the 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, and if the termination is for cause the notice shall cite 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. 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 CSE - AGREEMENT FOR SERVICES PAGE 3 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 Count. 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. This includes protection of the confidentiality of all records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this agreement. 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, without limitation, Title IV -D of the Social Security Act (Title 45 Code of Federal Regulations), 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, 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. The Contractor certifies that it shall comply with the provisions of CRS 8 -17.5 -101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8- 17.5- 102(2)(b). The Contractor shall comply CSE - AGREEMENT FOR SERVICES PAGE 4 with all reasonable requests made in the course of an investigation under CRS 8- 17.5 -102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8 -17.5 -101 et seq., shall be cause for termination for breach and the Contractor shall be liable for actual and consequential damages. 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. Federal Tax Information a. In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: 1) All work will be done under the supervision of the contractor or the contractor's employees. 2) Any Federal tax return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material will be treated as confidential and will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an officer or employee of the contractor will be prohibited. 3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material. 4) The contractor certifies that the data processed during the performance of this contract will be completely purged from all data storage components of his or her computer CSE - AGREEMENT FOR SERVICES PAGE 5 facility, and no output will be retained by the contractor at the time the work is completed. If immediate purging of all data storage components is not possible, the contractor certifies that any IRS data remaining in any storage component will be safeguarded to prevent unauthorized disclosures. 5) Any spoilage or any intermediate hard copy printout that may result during the processing of IRS data will be given to the agency or his or her designee. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts, and will provide the agency or his or her designee with a statement containing the date of destruction, description of material destroyed, and the method used. 6) All computer systems processing, storing, or transmitting Federal tax information must meet ISO STD 15408, called common criteria - functional (Protection Profile) and assurance (EAL). To meet functional and assurance requirements, the operating security features of the system must have the following minimum requirements: a security policy, accountability, assurance, and documentation. All security features must be available and activated to protect against unauthorized use of and access to Federal tax information. 7) No work involving Federal tax information furnished under this contract will be subcontracted without prior written approval of the IRS. 8) The contractor will maintain a list of employees' authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office. 9) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above. b. Criminal/Civil Sanctions 1) Each officer or employee or any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301.6103(n) -1. 2) Each officer or employee or any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for federal employees] in an amount equal to the sum of the greater of $1,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, CSE - AGREEMENT FOR SERVICES PAGE 6 plus the costs of the action. These penalties are prescribed by IRC section 7213A and 7431. 3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established hereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. c. Inspection 1) The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards. 17. 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. 18. 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 FOR SERVICES PAGE 7 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. 1r+b 12 a ��D y Contractor Date Contractor Information: Name: John C. Collins Address: 1416 Grand Avenue, Suite A Glenwood Springs, CO 81602 Telephone Number: (970)945 -2077 Fax Number: (970)945 -1029 Email Address: collinslawpc @gmail.com APPROVED: STATE OF COLORADO Bill Ritter, Jr., Governor Executive Director (or Designee) Date Colorado Department of Human Services County Director Date Member, ounty Boar Date of Commissioners _n ember, County oard Date of Commissioners Member, County Board Date of Commissioners Member, County Board Date of Commissioners Member, County Board Date of Commissioners 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 FOR SERVICES PAGE 8 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. { X1 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. 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. { X} 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. 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 A. 1:3 EXHIBIT II COMPUTATION OF PERSONNEL COSTS FOR SERVICES Supervisor PAGE 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 of his /her hours to be charged under this agreement, and estimated expense. (Does not apply to non -legal services). Name and Actual Hourly Estimated Estimated Title Rate Hours Expenses John Collins Attorney Services $95 204 19,380 Paralegal Services $45 108 4,860 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 his /her hours to be charged under this agreement, and estimated expense. (Does not apply to non- legal services). Name and Actual Hourly Title Rate Estimated Estimated Hours Expenses C. Total Personnel Expenses $ 24,240 (Transfer this total to Exhibit I11, Line 1.) 1 CSE - AGREEMENT FOR SERVICES PAGE 10 EXHIBIT III AGREEMENT BUDGET FOR PERIOD OF 01 / 01 / 2009 THROUGH 12 / 31 / 2009 1. Personnel Expenses, including employee benefits. $ 24.240 (From Exhibit II - C) 2. Travel Expenses (specify) $ 702 Up to 1200 miles annually 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 $ 24,942 CSE - AGREEMENT FOR SERVICES EXHIBIT IV PERFORMANCE STANDARDS PAGE 11 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 EXHIBIT IV(A) SPECIAL PROVISIONS PAGE 12 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.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 1,200 miles annually at.585/mile.