HomeMy WebLinkAboutC15-077 John C. Collins PC AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY,COLORADO AND JOHN C. COLLINS,P.C. e,OF v' THIS AGREEMENT("Agreement")is effective as of the 2-) day of Janxrsry,2015 by and between John C. Collins,P.C. (hereinafter"Contractor")and Eagle County, Colorado,a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,the County,through its Department of Health and Human Services("HHS")works to promote the health, safety and welfare of County residents of all ages; and WHEREAS,the County uses outside providers and professionals to enhance the ability of County to promote such health, safety and welfare; and WHEREAS, County desires to hire the Contractor to perform the Services defined below in paragraph 1; and WHEREAS, Contractor is an attorney licensed in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services; and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW,THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services. Contractor agrees that John C. Collins shall act as Special County Attorney for Eagle County HHS and to diligently provide all services, labor,personnel and materials necessary to perform and complete the legal services, consultation and legal guidance to County described in Exhibit A ("Services")which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. 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 he shall appear as counsel for Eagle County HHS acting as Special County Attorney for Eagle County, Colorado. b. Contractor agrees to furnish the Services commencing January 1,2015 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the Ci16'04- applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. c. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. Contractor agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The Health and Human Services Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31st day of December, 2015. The Term of this Agreement may be extended for additional one-year periods upon written agreement of the parties. 4. Extension or Modification. This Agreement may not be amended or supplemented,nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the satisfactory performance of the Services in a sum computed and payable as set forth in Exhibit A. The compensation for the performance of the Services under this Agreement shall not exceed$24,990.00. County shall pay Contractor on a monthly basis in arrears in equal installments of$2,020.00 in accordance with this paragraph 5. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. Contractor shall not be compensated for time spent traveling but shall be reimbursed for mileage incurred in the performance of Services as set forth on Exhibit A. Total reimbursement for mileage costs shall not exceed$750.00. a. By the 20th day of each month during the Term, Contractor shall submit an invoice setting forth the installment due for that month,together with a monthly report detailing hours spent and tasks performed during the prior month on child support services cases and a mileage report setting forth the mileage incurred during the prior month during the performance of Services. If County is not satisfied 2 Eagle County HHS Prof Sery Final 5/14 with the completeness of a submitted invoice or report,County may request Contractor to either revise the invoice or report to provide additional information.Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice and monthly report. Reimbursement for approved mileage will be issued within thirty(30)days of receipt of a proper mileage report. All invoices must be mailed or delivered in-person to the following address to ensure proper payment. Invoices sent by fax or e-mail will not be accepted. Eagle County Health and Human Services Business Office 550 Broadway Post Office Box 660 Eagle, CO 81631 b. Any out-of-pocket expenses to be incurred by Contractor and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries,bonuses or other compensation to personnel of Contractor. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If,prior to payment of compensation or reimbursement for Services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the Services were not performed as prescribed by the provisions of this Agreement,the County shall have no obligation to make such payment. If, at any time after or during the term or after termination or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County, if any, shall forthwith be returned to County. d. All funds received by Contractor under this Agreement shall be or have been 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. Contractor shall provide the County with progress reports upon County's request; or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit A. e. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 3 Eagle County HHS Prof Sery Final 5/14 f. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform Services under this Agreement and no personnel to whom County has an objection,in its reasonable discretion, shall be assigned to perform such Services. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub-consultants or subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Intentionally omitted. iii. Intentionally omitted. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County,with limits of liability of not less than$500,000 per occurrence. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage shall be maintained during any applicable statute of limitations for the Services. Contractor shall provide thirty(30)days' notice to County prior to cancelling such insurance during the applicable statute of limitations period. v. Intentionally Omitted b. Other Requirements. 4 Eagle County HHS Prof Sery Final 5/14 i. Intentionally omitted. ii. Intentionally omitted. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an"A.M.Best"rating of not less than A-VII. iv. Contractor's insurance coverage shall be primary and non-contributory with respect to all other available sources. Contractor's policy shall contain a waiver of subrogation against Eagle County. v. All insurers' policies must be written on a per occurrence basis unless otherwise provided herein. vi. Contractor's certificate of insurance evidencing all required coverage(s)is attached hereto as Exhibit B. Upon request, Contractor shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from County, and hereby authorizes Contractor's broker, without further notice and authorization by Contractor, to immediately comply with any written request of County for a complete copy of the policy. vii. Contractor shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor, at its own expense,will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 5 Eagle County HHS Prof Sery Final 5/14 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers,agents and employees against any losses,claims, damages or liabilities for which County may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement, or are based upon any performance or nonperformance by Contractor or any of its sub-contractor hereunder including claims for bodily injury or personal injury including death, or loss or damage to tangible or intangible property; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof 9. Ownership of Documents. All documents prepared by Contractor in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights)to the same as County shall from time to time request. For purposes of this paragraph,the term"documents"shall mean and include all reports,plans, studies,tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant(including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i) personally delivered, or(ii)when mailed in the United States mail, first class postage prepaid, or(iii) when delivered by FedEx or other comparable courier service, charges prepaid,to the parties at their respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission, or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention: Kathleen Lyons 500 Broadway Post Office Box 660 Eagle, CO 81631 Telephone: 970-328-8841 Facsimile: 855-846-0751 E-Mail: Kathleen.Lyons @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 6 Eagle County HHS Prof Sery Final 5/14 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty @eaglecounty.us CONTRACTOR: John C. Collins,P.C. c/o John C. Collins P.O.Box 664 Glenwood Springs, CO 81602 Telephone: 970-379-1472 Facsimile: 970-826-7102 E-Mail: Collinslawpc @gmail.com 11. Termination. Either party may terminate this Agreement with or without cause and for any reason and without penalty therefor upon 30 days prior written notice to the other. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Assignment. Contractor has arranged for Alison Casias,Attorney at Law,to be available to County as Special County Attorney in the event Contractor is not available to respond to the duties of Special County Attorney as detailed under Section 1. County accepts this assignment of duties by Contractor for the purposes of emergency coverage of Special County Attorney responsibilities hereunder. County requests Contractor to notify County of any and all instances where Alison Casias will provide emergency coverage of Special County Attorney responsibilities and the anticipated length of that emergency coverage. With exception of the assignment noted in this paragraph 14, Contractor shall not assign any of his rights or duties under this Agreement to a third party without the prior written consent of 7 Eagle County HHS Prof Sery Final 5/14 County. Contractor understands that any assignment without the prior written consent of County shall be deemed cause for County to terminate this Agreement. 15. Other Contract Requirements. a. In rendering the Services hereunder,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 are maintained. The performance of such obligation shall be determined at the sole discretion of County. In the event County finds these standards of customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part,upon seven(7) days' notice to Contractor. b. Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct,at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to a Contractor performing similar services. This paragraph shall survive termination of this Agreement. c. County contractors are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS (Children and Family Services Child Abuse and Adult Protective Services Hotline(970) 328-7720). Such mandatory reports of suspected child abuse or neglect, include,but are not limited to, abuse or neglect by employees, volunteers and clients. d. Information provided by the County for purposes of this Agreement shall be used only for the purpose intended and in accordance with federal and state laws and regulations. e. 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. f. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that it and its professional personnel are duly licensed to perform the Services within Colorado. g. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. h. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture 8 Eagle County HHS Prof Sery Final 5/14 or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. i. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable federal and state laws, codes,rules and regulations. j. Contractor shall at all times during the term of this Agreement strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be amended, including,but not limited to,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. k. Contractor shall at all times during the execution of this Agreement comply with all applicable state laws and regulations relating to child protection matters including,but not limited to, Volume VII of the Colorado Code of Regulations. 1. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. m. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. n. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. o. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. p. Contractor shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes such audits and inspections of records during normal business hours,upon 48 hours' notice to Contractor. Contractor shall fully cooperate during such audit or inspections. q. The signatories to this Agreement aver to their knowledge,no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. 9 Eagle County HHS Prof Sery Final 5/14 r. The Contractor, if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. s. 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. 16. Prohibitions on Government Contracts. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq.,and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant 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 Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual 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 Services under this Agreement 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. 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: io Eagle County HHS Prof Sery Final 5/14 i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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 Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 Eagle County HHS Prof Sery Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, B and Through Its COUNTY MANAGER By: ICt.CA/L.Pi Rachel Oys, Acting Cot Ivy Manager CON FRAC FOR: John C. Collins, COM,(?, obbt,U0/6_ Yóhn C. Collins Print Name: 39111115 a-o LW t lit) Y\ey 12 Laic Coun: IBIS Prof Scry Final 5,14 EXHIBIT A SCOPE OF SERVICES,SCHEDULE,FEES I. SCOPE OF SERVICES 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 he shall appear as counsel for County Health&Human Services, ("HHS") acting as Special County Attorney for Eagle County, Colorado. B. Contractor agrees to provide the following legal services and advice to County for: i) parentage determination including,but not limited to, activities related to determining parentage of dependent children; 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(Uniform Interstate Family Support Act) (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 parent's ability to provide support; ix) case assessment including but not limited to activities related to the of enforceability of orders, actions to move the order to be enforceable x) investigation to accomplish child support enforcement functions; xi) felony non-support activities related to prosecuting felony nonsupport actions; 13 Eagle County HHS Prof Sew Final 5/14 xii) establishment of foster care fee assessments and activities related to determining a parent's foster care fee obligation 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; xiii) 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; II. SCHEDULE A. Services will be available from the Contractor starting 12:00 AM January 1, 2015 through midnight December 31, 2015 and include the following: i) Contractor will be available for monthly court appearances on the following dates as set and/or additional dates set or changed by the Court Judicial Officer: January 12, 2015 February 9, 2015 March 9, 2015 April 6, 2015 May 11, 2015 June 8, 2015 July 13, 2015 August 10, 2015 September 14, 2015 October 19, 2015 November 9, 2015 December 14, 2015 ii) Contractor will be available weekly in a timely and expeditious manner consistent with the applicable standard of care to provide services to County staff and/or approve as to form and sign documents to be presented to the Court. 14 Eagle County HHS Prof Sery Final 5/14 III. FEES Total compensation under this Agreement shall not exceed$24,990.00. Monthly payments shall be made to Contractor subject to the following: 1) Contractor agrees to provide the Services set forth in Section I of Exhibit A(Scope)hereof at a flat fee rate of$2,020.00 per month. Contractor shall submit detailed invoices on a monthly basis including time sheets to substantiate billing on IV-D cases, as set forth in Section 5 above. Contractor shall not be compensated for time spent traveling but shall be reimbursed for mileage incurred in the performance of Services as set forth below. 2) In addition to the monthly flat fee rate set forth in Section III 1) above, mileage costs will be reimbursed as follows: Mileage costs reasonably and necessarily incurred in the provision of the Services at a rate of$.56 per mile, up to a maximum $750.00 in connection with the performance of the Services. Mileage reports must specify date and miles. Mileage costs will be reimbursed as set forth in Section 5 above. The County shall not be billed for and reimbursement shall not be made for, time involved in activities outside of those defined in this Agreement. 15 Eagle County HHS Prof Sery Final 5/14 EXHIBIT B Insurance Certificate 16 Eagle County HHS Prof Sery Final 5/14 DATE PAWDONYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 02/13/2015 THIS_LERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES , A . BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is en ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the --, - certificate holder in lieu of such endorsement(s). FRDDUCER LON IAL I NAME. Affinity Insurance Services,Inc. PRONE • I FAX One Federal Street,20'h Floor . t, i.A1:t-is.Z.n t 1 tAX No:: Boston,MA 02110 ADDRESS INSBRER?S)AFF GROIN 3 COVERAGE NAI-2 k INSURER A: Liberty Insurance Underwriters, Inc. 19917 INSURED INSURER B. John C Collins,PC INSURER C.• PO Box 664 Glenwood Springs CO 81602 INSURER 0 INSURER E _INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI-,:::: I': TS',CERTIFi TH.1.- THE POLICIES OF 1%5URL,NCE LISTED EEC.,7 H,,I, -E SEEN ISSUED TO THE INSURED '. WED ABO'1E FOR THE POLK'i FE R OD NOTVATHST4tIC,I,::: .41( REOLI,REMEti-. TERt, Off COIZiTi:', C 4% CC N- CT OP OTHER :',.",:::,CLIMEIJ W'-' E !-: T TO WKCH 7,••ir• CE-FTf.C1.-TE t h l,f SE r..,C s„J E.-:, :DR 9:,,' PEFI,T.'.N THE /IISUFAII:=E AFFOR.DEC S* Ti-5- F OUC,E S C:E I E E D HEREit, IS 3:..:EJECT TO .4t.I. THE TERM' E.,CLUSI: S At IC CC•',DITDIP.:.OF OUCH FC-L1CIEC LII:CTS SHD'I'd,M4 I rAvE.SEEN F.FEDUCE.0 5, PAID CL,=1MS tt.,3R. ADV..xUr R' - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER _MIADD:YYYv) MV.DOPYYYY1 LIMITS GENERAL LIABP_ITY E.AC t••CC''',...1-1REt.CE 5 G•tAll'',E”TG RENTED ____ C•LMMEAC A_GENERPL LAS L-' EWITIE$rEa (LA N'S,,FADE I 0`...%A MED E.NP And..;,n,.pk•-al-- _ 5 :EPSGA.AL S A.DV 4.-U P.r S tlEA.V'A...AGGZOA'E S GE L A:::::REGA-E_'.'-X:FA.E 3 PER zRr:CLI:,"73•CC.I..P Z.-•A AGG S - , ',7.1.1.iht.)S.V-1..... T AV ouceiLE LIABILITY LV 'Ea 1•::-:en:! ' - _ S -- AN.'A...1-: E:C.-...'l'.-1.:R•` 'Pe rest'. 5 _ A-L 0',..'`.E:.• S>:-E:-AEG 5 --;•RZ PE.-x CV :E -PEE Ail-'7S. A_TO: Fkr ,+-1., — — — . LYBRELLA LIAB 0::...A EACt-C-,DC„A.RENCE S EXCESS LAE CO N.:-VADE A 2..?RE.SATE ,GEG I I RETEV-1::,1$ S YORKERS COMPENSATOR .I. A E I ;. ND EMPLOYERS'L,AB'LITY :: Y:N AI.,PROP ET:P.FAA-P..ER E-cE.:1--•'/E E-.s - S CF:-EAAIEWEER E<:LUDEC- N■A Mandatory a) ,'ti ...MEAS.!.-EA EMAC.,EE 5 • I`Ilk,.:.141-'4,e unEt . f.:,--...i:!---,:;%Or.:..P.i. .--0O3:,te-rw. E..DIGEA3E $ - : 0410112014 04/01/2015 LIMITS OF LIABILITY A Lawyers Professional Liability LPA306053-0114 $500,000 Per Claim Insurance $500.000 Aggregate 310,000 Deductible DE-SCRIP-ION OF OPERATIONS:LOCATIONS:VEHICLES (Attah A:ORC I`'I.Alcitt.mal Rwa4s SolledtrA.,if al irk s we is r+1..ired) This is a claims made and reported policy and coverage is only in force during the policy period shown above Upon request being made by the Named Insured Liberty Insurance Underwriters,Inc shall distribute this Certificate to Certificate Holder only,which is for information only and confers no rights upon the Certificate Holder as set forth above. Information contained in this Certificate of Insurance is confidential,and shall not be distributed or utilized In any manner without the express written consent of Affinity Insurance Services,Inc CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED III ACCORDANCE WITH THE POLICY PROVISIONS, A/THOR:ZED REPRESEI.TAT,VE I • 1-1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD