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HomeMy WebLinkAboutC23-016 John C. Collins AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND JOHN C. COLLINS, P.C. THIS AGREEMENT (“Agreement”) is effective as of the 1st day of January, 2023 by and between John C. Collins, P.C. a Contractor (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. County agrees that John C. Collins shall act as Special County Attorney for Eagle County DHS and Contractor agrees 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 DHS acting as Special County Attorney for Eagle County, Colorado. b. Contractor agrees to furnish the Services commencing January 1st, 2023 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 DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 2 Eagle County HHS Prof Serv Final 8/15/2022 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 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, 2023. 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 Contractor shall be the basis for additional compensation unless and until Contractor 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 the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’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 $35,000.00. County shall pay Contractor on a monthly basis in arrears in equal installments of $2,916.66 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 the County. Contractor shall not be compensated for time spent on travel as set forth on Exhibit A. a. By the 20th 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. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 3 Eagle County HHS Prof Serv Final 8/15/2022 provide additional information. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice. All invoices must be mailed, emailed or delivered in-person to the following address to ensure proper payment. Eagle County Health and Human Services Business Office 550 Broadway Post Office Box 660 Eagle, CO 81631 Or Emailed to: Guadalupe.ontiveros@eaglecounty.us and/or Rita.woods@eaglecounty.us 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 the Contractor. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by the 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 heretofore 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. DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 4 Eagle County HHS Prof Serv Final 8/15/2022 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. Sub-contractors. 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 sub-contractor 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 the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contractor shall require each sub-contractor, as approved by County and to the extent of the Services to be performed by the sub-contractor, 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. The County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-contractor 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-contractors or sub-contractors. 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 claim. In the event the professional liability insurance is on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services. v. Intentionally omitted b. Other Requirements. DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 5 Eagle County HHS Prof Serv Final 8/15/2022 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 noncontributory with respect to all other available sources. Contractor’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. 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. viii. 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 the 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 DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 6 Eagle County HHS Prof Serv Final 8/15/2022 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 money paid pursuant to this Agreement. 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-contractors 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 Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by the Contractor in connection with the Services shall become property of the County. Contractor shall execute written assignments to the 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 worksheets produced, or prepared by or for Contractor (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: Rita Woods 500 Broadway Post Office Box 660 Eagle, CO 81631 Telephone: 970-328-8817 E-Mail: Rita.woods@eaglecounty.us With a copy to: DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 7 Eagle County HHS Prof Serv Final 8/15/2022 Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: John C. Collins, P.C. ℅ John C. Collins P. O. Box 664 Glenwood Springs, CO 81602 Telephone: 970-379-1472 Facsimile: 970-826-7102 Email: Collinslawpc@gmail.com 11. Termination. The County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefore with seven (7) calendar days’ prior written notice to the Contractor. 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 into 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 the 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 DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 8 Eagle County HHS Prof Serv Final 8/15/2022 emergency coverage of Special County Attorney responsibilities and the anticipated length of that emergency coverage. With exception to the assignment noted on 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 the 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 the 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 the Contractor 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 Contractors performing similar services. This paragraph shall survive termination of this Agreement. c. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. Specifically, during the period of this Agreement, Contractor and its professional personnel shall each be licensed as a professional counselor through the Colorado Department of Regulatory Agencies (“DORA”), shall maintain such license in good standing and shall adhere to all rules, standards, policies and laws applicable to such license, including, but not limited to, any requirements for criminal background checks. Contractor shall immediately notify the County if any state or local agency makes a substantiated finding of abuse, neglect or injurious environment against it or any of its professional personnel during the period of this Agreement. In the event of a substantiated finding as set forth herein, the County in its sole discretion may terminate this Agreement, in whole or in part, upon seven (7) days’ notice to Contractor. d. 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. e. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of the County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind the County. DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 9 Eagle County HHS Prof Serv Final 8/15/2022 f. 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. g. Contractor shall comply with 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. h. 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. i. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. j. 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. k. 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. l. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. m. Contractor shall maintain for a minimum of three years, adequate financial and other records for reporting to the 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. n. 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. 16. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 10 Eagle County HHS Prof Serv Final 8/15/2022 Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party Contractors, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy the County's legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 11 Eagle County HHS Prof Serv Final 8/15/2022 c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [Rest of page intentionally left blank] DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 12 Eagle County HHS Prof Serv Final 8/15/2022 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR John C. Collins, P.C. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C John Collins Contractor / Attorney 13 Eagle County HHS Prof Serv Final 8/15/2022 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 Eagle County Human Services, (“DHS”) acting as Special County Attorney for Eagle County, Colorado. B. County agrees to purchase, and Contractor agrees to provide, legal services and advice County for: i. Parentage determination including, but not limited to, activities related to determining parentage of dependent children; ii. Establishment of 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 judgements, exceeding post- judgement 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 noncustodial parent; viii. Financial assessment including, but not limited to, activities related to determining a noncustodial parent’s ability to provide support DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 14 Eagle County HHS Prof Serv Final 8/15/2022 ix.Case assessment including but not limited to activities related to the 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; xii.Establishment of foster care fee assessments and activities related to determining a parent's foster care 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 A.M. JANUARY 1st, 2023 through midnight DECEMBER 31st, 2023 and include the following: i.Contractor will be available for monthly court appearances on the following dates as set and/or additional dates et or changed by the Court Judicial Officer: DATES TO BE DETERMINED BY COURT ii.Contractor will be available weekly at a timely and expeditious manner consistent with the applicable standard of care to provide services to County staff and/or approve as to forms and sign documents to be presented to the Court. III.FEES The maximum cost of this Contract is $35,000.00. Monthly payments shall be made to Contractor subject to the following: 1) County agrees to purchase, and Contractor agrees to provide child support services et forth in Section I (Scope) hereof at a flat fee rate of $2,916.66 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 on travel. 2) In addition to the monthly fixed price amount, actual costs will be reimbursed for the following: i. Contractor shall submit an itemized monthly billing to the Department 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 (6th) day of the month DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 15 Eagle County HHS Prof Serv Final 8/15/2022 following the month the cost was incurred. Invoices must be signed by the Contractor. ii. The County shall not be billed for and reimbursement shall not be made for time involved in activities outside of those defined in Section I (Scope) hereof. DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C 16 Eagle County HHS Prof Serv Final 8/15/2022 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C DocuSign Envelope ID: 1EE121BA-4158-46F0-929F-7D1F5787C38C