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HomeMy WebLinkAboutC12-001 John Collins Agreement AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND JOHN COLLINS, ESQ. SPECIAL COUNTY ATTORNEY THIS AGREEMENT is made this day o 012, by and between the County of Eagle, State of Colorado, a body corpor and pol ic, by and through its Board of County Commissioners ( "County "), and John Collins, Esq. ( "Contractor "). WITNESSETH: Whereas, County, through its Department of Health and Human Services ( "HHS ") or ("Department"), works to promote the health, safety and welfare of County residents of all ages; and Whereas, among the services County provides in order to promote such health, safety and welfare are adult and child protection services as well as child support enforcement services; and Whereas, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, Contractor is a provider of legal services related to child support enforcement, adult and child protection matters and wishes to contract with County to provide such services to the County in need thereof. AGREEMENT Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor enter into this Agreement. I. TERM This Agreement shall commence on January 1, 2012 and shall end on December 31, 2012. Such term shall renew automatically for successive one year terms under the same conditions as stated herein unless earlier terminated as set forth herein. II. SCOPE A. Contractor accepts the position of Special County Attorney for, and only for, the purposes specifically enumerated in this Agreement, and in all proceedings hereunder shall roceedin PAP P Y �' p g appear as counsel for County Health & Human Services, ( "HHS ") acting as Special County Attorney for Eagle County, Colorado. B. County agrees to purchase, and Contractor agrees to provide, legal services and advice to County for: i) parentage determination including, but not limited to, activities related to determining parentage of dependent children; A--00I ii) establishment of the legal obligation to support including, but not limited to, 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; iii) establishment of the amount of support including, but not limited to, activities related to determining a noncustodial parent's support obligation, including methods and terms of payment; iv) unreimbursed public assistance including, but not limited to, activities related to establishing and collecting unreimbursed public assistance owed to the State of Colorado; v) UIFSA (Colorado initiating and responding) including, but not limited to, activities related to the initiation of child support enforcement reciprocal support actions and processing of those initiated by other jurisdictions; vi) enforcement activities to enforce the collection of support including, but not limited to, obtaining wage assignments, obtaining judgments, exceeding post judgment remedies (such as continuing wage garnishments, and property liens); vii) activities including, but not limited to, locating a noncustodial parent and locating the assets of a noncustodial parent; viii) financial assessment including, but not limited to, activities related to determining a noncustodial parents' ability to provide support; ix) investigation to accomplish child support enforcement functions; x) felony non - support activities related to prosecuting felony nonsupport actions; xi) establishment of foster care fee assessment and 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; xii) securing support for any person(s) eligible for IV -D services within the meaning of Federal regulations and assist in other child support enforcement matters of common concern to County; xiii) acting as back up to Alison Casias, Esq. in cases coming under the jurisdiction of County pursuant to Title 19 of Colorado Revised Statutes, the Colorado Children's Code, as amended, that require legal determinations, as well as any advice, counsel, or other representation relating to the normal operation of the County Child Protection Units, including initiation of lawsuits for County; and for establishment of amounts due it. xiv) acting as back up to Alison Casias, Esq. for adult protective services including conservatorship and guardianship proceedings. 2 III. COMPENSATION AND REIMBURSEMENT The fixed price for this Contract is $26,640.00. Monthly payments shall be made to Contractor subject to the following: 1) County agrees to purchase, and Contractor agrees to provide child support services set forth in Section II (Scope) paragraphs B. i -xii hereof at a flat fee rate of $2020.00 per month. Contractor shall submit detailed invoices on a monthly basis including time sheets to substantiate billing on IV -D cases. Contractor shall not be compensated for time spent traveling but shall be reimbursed for mileage as set forth below. 2) County agrees to purchase, and Contractor agrees to provide adult and child protection services set forth in Section II (Scope) paragraphs B. xiii -xiv hereof at a flat fee rate of $200.00 per month. Contractor shall submit detailed invoices on a monthly basis including time sheets to substantiate billing on adult and child protection cases. Contractor shall not be compensated for time spent traveling but shall be reimbursed for mileage as set forth below. 3) In addition to the monthly fixed price amount, actual costs will be reimbursed for the following: Transportation costs reasonably and necessarily incurred in the provision of child support services at a rate of $.50 per mile up to a maximum of $600.00. The maximum amount of fees and transportation costs under this contract is $27,420.00. Reimbursement of expenses in addition to the above - described fees and expenses will be limited to actual costs reasonably and necessarily incurred, such as filing fees, long distance telephone, genetic tests, polygraph tests, expert witness fees, service of process, and court transcripts. All such costs shall be substantiated by records indicating the reasons and the dates of the charges. Mileage reports must specify date and miles. Billings will be paid through County's usual bill paying process. Contractor shall submit an itemized monthly billing to the Depai tment for all costs incurred in accordance with the rules and regulations of the Colorado Department of Human Services. The Contractor shall submit all itemized monthly invoices to the Department prior to the sixth (6 day of the month following the month the cost was incurred. Invoices must be signed by Contractor. The County shall not be billed for and reimbursement shall not be made for, time involved in activities outside of those defined in Section II (Scope) hereof. IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that he does not knowingly employ or contract with an illegal alien who will perform under this Contract and that 3 Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) 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 the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http: / /www.dhs.gov /xprevprot /programs /gc_ 1185221678150. shtm C. The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 4 G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. V. TERMINATION Either party may terminate this Agreement with or without cause upon 30 days written notice to the other. Upon such termination Contractor shall furnish the County, as property of the County, all property, records and pertinent information which the Department provided under this Agreement. Upon receipt of said items, the County shall pay the Contractor for actual costs incurred through the date of this Agreement. All rights of Contractor and obligations of County, except payment for accrued but unpaid fees and expenses, shall terminate immediately. VI. CONTRACTOR'S DUTIES A. 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. If an auditor discovers misuse of funds, Contractor shall return said misused funds to County. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours advance written notice to Contractor, for the purpose of evaluating performance under this Agreement. Contractor will allow access to and cooperate with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. B. In rendering the services hereunder, Contractor shall comply with the highest standards of professional service. Contractor shall provide appropriate supervision of his employees and subcontractors to ensure the maintenance of these high standards of client service and professionalism, the adequacy of performance of such obligation to be determined at the sole discretion of County. C. Contractor shall comply with all applicable rules and laws governing the practice of law in Colorado. Contractor shall be solely responsible for ensuring proper licensing and credentialing of subcontractors and employees providing services under this Agreement. D. Contractor shall safeguard information and confidentiality of the child and the child's family, and of any adult who is the subject of Adult Protective Services, in accordance with rules of the Colorado Depai lucent of Human Services, HHS, and the Health Information Privacy and Accountability Act. E. HHS contractors are considered to be mandatory reporters of suspected child abuse and neglect and are to make those reports directly to HHS - Youth and Family Services Division - (970) 328 -8840. Such mandatory reports of suspected child abuse or neglect, 5 include, but are not limited to, abuse or neglect of employees, volunteers and clients. F. 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. G. 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. H. 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. I. 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 Depaitnuent 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. J. 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. K. 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. L. 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. M. 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 6 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 are set forth in Section X (Miscellaneous) paragraphs K though N hereof. N. The Contractor is solely responsible for the conduct of individuals employed by and under the direct supervision or control of the Contractor. Governmental functions provided in support of the child support enforcement program by individuals other than Contractor or those acting under his direct supervision or control are not the responsibility of the Contractor except for acceptance or rejection of the work product of such individuals. 0. Federal Tax Information In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by his or lier employees with the following requirements: (1) All work will be performed under the supervision of the Contractor or the Contractor's responsible employees. (2) Any Federal tax returns or return information (hereafter referred to as returns or return information) made available 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 this contract. Inspection by or disclosure to anyone other than an officer or employee of the contractor is 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 and products will be given the same level of protection as required for the source material. (4) No work involving returns and return information furnished under this contract will be subcontracted without prior written approval of the IRS. (5) The Contractor will maintain a list of employees authorized access. Such list will be provided to the Department and, upon request, to the IRS reviewing office. (6) The Department will have the right to void the Contract if the contractor fails to provide the safeguards described above. CRIMINAL /CIVIL SANCTIONS (1) Each officer or employee of any person to whom returns or return information is or may be disclosed shall 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 7 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 five years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized future 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 Page 100 unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431and set forth at 26 CFR 301.6103(n) -1. (2) Each officer or employee of 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 this 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 $1,000.00 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 in an amount equal to the sum of the greater of $1,000.00 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, plus the costs of the action. The penalties are prescribed by IRC Sections 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 Department records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so 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. (4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the Department's security policy and procedures for safeguarding IRS information. Contractors must maintain their authorization to access FTI through annual recertification. The initial certification and recertification must be documented and placed in the Department's files for review. As part of the certification and at least annually afterwards, contractors should be advised of the provisions of IRC Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec. 7431 Civil Damages for Unauthorized Disclosure of Returns and Return Information and Exhibit 5, IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized 8 disclosures and data breaches. For both the initial certification and the annual certification, the contractor should sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements. INSPECTION The IRS and HHS 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. VII. NOTICE Any notice required under this Agreement shall be given in writing by registered or certified mail, return receipt requested, addressed as follows: COUNTY: CONTRACTOR: Eagle County Health & Human Services John Collins, Esq. 500 Broadway P.O. Box 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. VIII. ASSIGNMENT Contractor shall not assign any of his rights or duties under this Agreement to a third party without the prior written consent of County. Contractor understands that any assignment without the prior written consent of County shall be deemed cause for County to terminate this Agreement. IX. INSURANCE . . At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance 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 County upon execution of the Agreement. X. MISCELLANEOUS A. The parties to this Agreement intend that the relationship of Contractor to County is that of independent contractor. No agent, employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of County. B. 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. 9 C. 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. D. Contractor shall indemnify and hold harmless County, its Board of Commissioners and the individual members thereof, its agencies, departments, officers, agents or employees or 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 County, its Board of Commissioners and the individual members thereof, its agencies, departments, officers, agents or employees as a result of the acts or omissions of Contractor, his employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of his privileges or performance of his obligations under this Agreement. E. Contractor shall comply with all applicable laws, resolutions, and codes. F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31st of each calendar year during the term of this Agreement, without appropriation therefore by 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). G. This Agreement shall be governed by the laws of the 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. H. 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. I. 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 County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. J. 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. K. All IV -D functions must be performed in accordance with the approved State Plan and all relevant Federal and State legislation and regulations. L. The Department and Contractor agree that the Eagle County Department of Health & 10 ' 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 Section II, Scope shall be referred to the Contractor who shall then represent the Department at the hearing. M. 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. N. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS --- - By : %" - JoEt,Stozney, Chairman .4, o f / ci + ` A' , By: to Teak J. Simonton, Clerk to the Board of County Commissioners CONTRACTOR: BY: `Al/ tV, Esq. Jo �ollins, 11