HomeMy WebLinkAboutC02-330 John Collins#
Eagle County Contract Number
Department of Health & Human Services
CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL SERVICES AGREEMENT
How Agreement was procured
1. { } Competitive Sealed Bid or Competitive Negotiation
2. { X) Small Purchase, less than $25,000
3. { } Sole source (attach explanation)
4. { } Public emergency (attach explanation)
Date procured: / /
This Agreement is executed as of / / by and between
John Collins (hereinafter "Contractor") and the Eagle County Department of
(hereinafter 'Department");
This Agreement shall be in effect from 01 / 01 / 2003 through 12 / 31 / 2003 and
shall not exceed twelve (12) months.
The Department, under Part D of Title IV of the Social Security Act, 45 CFR 92, 232, 301 through 307, and 26-
13-101, et. seq., C.R.S., has been delegated responsibility for the development and implementation of a program
to secure support and establish paternity for any person(s) eligible for IV-D services within the meaning of
Federal regulations, and
The Department desires to enter into an agreement with the Contractor to: 1) assist, the Department in providing
the services necessary to establish paternity, establish support obligations, and secure support for any person(s)
eligible for IV-D services within the meaning of Federal regulations, and 2) assist in other child support
enforcement matters of common concern to the Department and the Contractor, and the Contractor desires to
enter into such an agreement with the Department;
The Department and the Contractor therefore agree as follows:
1. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for IV-D services in compliance with
Exhibit I "Scope of Services," hereby is attached and incorporated by reference.
2. Personnel
The Contractor shall identify in Exhibit 11 "Computation of Personnel Costs for Services" all personnel by
title who provide services pursuant to this agreement. Exhibit II is attached and incorporated by reference.
The addition or deletion of personnel listed in Exhibit Il of this agreement must be accomplished by a
memorandum with an updated Exhibit 11 submitted by the Contractor, within ten (10) days of any changes
of positions, to the Department and subject to approval of the Executive Director, Colorado Department of
Human Services, or designee. The new Exhibit II must comply with the requirements of this paragraph -
two (2).
CSE-1(REh7ED II199)
CSE - AGREEMENT F4,, SERVICES �„✓ PAGE 2
3. Payment
a. Payment shall be made on the basis of Exhibit III, "Agreement Budget," hereby attached and
incorporated by reference. The Agreement Budget shall establish the maximum reimbursement which
will be paid from combined county and federal funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to the Department for all costs incurred
pursuant to Exhibit I of this agreement in accordance with the rules and regulations of the Colorado
Department of Human Services. The Contractor shall submit all itemized monthly billings to the
Department prior to the sixth (6) day of the month following the month the cost was incurred. Billings
must be signed by the Contractor.
c. This is a fixed price contract for $18,360. Payment shall be made to the Contractor on a monthly basis
in the amount of $1,530. Monthly payments to the Contractor shall include the following services:
1) Personal Services - Costs (wages or salaries and employee benefits) determined by multiplying the
number of hours worked by the Attorney and his/her employees to provide services under this
agreement by their actual hourly rates including employee benefits. Actual costs for these services
are included in the monthly payment amount described in paragraph 3c.
2) Non -legal Services — Actual costs for these services are included in the monthly payment amount
described in paragraph 3c.
3) Travel - Reimbursement for the Contractor and staff time spent in traveling shall be negotiated
between the Contractor and the Department as described in Exhibit III. Actual costs for these
services are included in the monthly payment amount described in paragraph 3c.
4) Training - Reimbursement for the Contractor and staff for cost of and time spent in training shall be
negotiated between the Contractor and the Department. Actual costs for these services are included
in the monthly payment amount described in paragraph 3c.
5) Specific actual expenses - Other costs related to providing services under the agreement may
include long distance telephone calls, genetic tests, polygraph tests, expert witness fees, transcripts,
and services purchased from subcontractors. Actual costs for these services are included in the
monthly payment amount described in paragraph 3c.
d. In addition to the monthly fixed price amount, actual costs will be reimbursed for the following:
1) Up to 1,440 miles annually reimbursed at .345 per mile
e. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the
availability of federal funds to the Colorado Department of Human Services and the Department.
f. The Department shall not be billed for, and reimbursement shall not be made for, time involved in
activities outside of those defined in Exhibit 1.
g. If the utilization of services included in plan exceeds the plan by more than 40%, this contract shall be
modified.
CSE - AGREEMENT FUlimo4ERVICES �✓ PAGE 3
4. Termination for Convenience or for Cause
This agreement may be terminated with or without cause by either party upon written notice of at least thirty
(30) days citing reason(s) for termination. Upon such termination, the Contractor shall furnish to the
Department, as property of the Department, all property, records and pertinent information which the
Department provided under this agreement. Upon receipt of said items, the Department shall pay the
Contractor for actual costs incurred through the date this agreement is terminated in accordance with section
3 "Payment" of this agreement.
5. Amendment
This agreement may be amended by mutual consent, provided that the amendment is written on Form CSE-
4, properly executed and made a part of this agreement. All amendments are expressly made subject to the
approval of the Executive Director, Colorado Department of Human Services, or designee; however, the
State of Colorado, the Colorado Department of Human Services and the Executive Director, or designee, are
not parties to this agreement.
6. Reports, Records, and Retention Periods
The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado Department
of Human Services' rules to assure a proper accounting for all costs and funds collected. These records shall
be made available for audit purpose to the U.S. Department of Health and Human Services, the State
Department, or the County Department, and shall be retained for three (3) years after the expiration of this
agreement or after an audit is completed unless permission to destroy them is granted by the Colorado
Department of Human Services. The Contractor shall submit financial, program progress and other reports
as requested by the Department or the Colorado Department of Human Services.
7. Equipment Purchased with Federal, State and County Money
Title to all equipment acquired by the Contractor under this agreement at a cost of $5000 or more for which
the Contractor is reimbursed by the Department shall vest in the Department. Upon termination of this
agreement, the Department may require the Contractor to deliver to the Department any such equipment
acquired for the performance of this agreement.
8. Confidentiality
Information provided by the Department for purposes of this agreement shall be used only for the purpose
intended and in accordance with federal and state laws and regulations.
9. Political Activities
None of the funds, materials, property, personnel or services contributed by the United States, the State of
Colorado, the Colorado Department of Human Services or the Department under this agreement shall be
used for any partisan political activity, or to further the election or defeat of any candidate for public office
in a manner which would constitute a violation of five (5) U.S.C. Sections 1501 et. seq.
10. Safeguarding Information
The Contractor shall provide for the security of information collected pursuant to this agreement and as
provided in the rules and regulations of the Colorado Department of Human Services.
CSE - AGREEMENT FOi,. ERVICES PAGE 4
11. Compliance with Applicable Laws
The Contractor shall at all times during the execution of this agreement strictly adhere to all applicable
federal and state laws and implementing regulations as they currently exist and may hereafter be amended.
This includes protection of the confidentiality of all recipientlapplicant records, papers, documents, tapes
and any other materials that have been or may hereafter be established which relate to this agreement. The
Contractor acknowledges that the laws include Title IV (Title 45 Code of Federal Regulations), and Title
VU 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 and the
Education Amendments of 1972, and all regulations applicable to these laws prohibiting .discrimination
because of race, color, national origin, handicap, age, sex and religion.
12. Studies and Investigations
All official reports of cases, recoveries, investigations, studies, etc., made as a result of this agreement shall
acknowledge the support provided by the Department of Health and Human Services and the Colorado
Department of Human Services.
13. Subcontracts
No subcontract shall be made by the Contractor with any other party for furnishing any services contracted
for without the prior written consent and approval of the Department. For services provided under any
subcontract, the Contractor shall be responsible for contract performance and compliance with the terms and
conditions of this agreement. The Contractor shall select subcontractors on a competitive basis to the
maximum practical extent consistent with the objectives and requirements of this agreement.
14. Performance Standards/Independent Contractor
The Department and Contractor shall define standards of performance that will allow for an accurate display
of the expected services being provided by the Contractor. In order to demonstrate that the Contractor is
free from control and direction in the performance of the services under this contract and that the Contractor
is customarily engaged in an independent trade, occupation, profession, or business related to the services
performed pursuant to this Contract, the parties to this agreement acknowledge the following: The
standards are agreed upon expectations and are not to be construed as control and direction from the
Department, but, rather, as an understanding of the anticipated performance of the Contractor. Performance
standards shall be provided pursuant to Exhibit IV "Performance Standards." hereby attached and
incorporated by reference.
15. Responsibility for Conduct of Individuals
The Contractor is solely responsible for the conduct of individuals employed by and under the direct
supervision or control of the Contractor, as identified in Exhibit II, "Computation of Personnel Costs for
Services." Governmental functions provided in support of the child support enforcement program by
individuals other than those identified in Exhibit II are not the responsibility of the Contractor except for
acceptance or rejection of the work product of such individuals.
CSE - AGREEMENT F014,w)ERVICES Iftov PAGE 5
16. Special Attorney
The Contractor or the Department may determine that the Contractor has a conflict of interest which will
prevent the Contractor from fulfilling or completing all the terms of this agreement. Upon such 'a
determination, the Department is authorized to hire a "special' attorney to fulfill and complete such duties.
The special attorney shall be given and act under the same powers as the Contractor hired under this
agreement. The special attorney shall receive payment for services from the Contractor under the terms of
this agreement with the requirement that the Department reimburse the Contractor for the expense.
17. Attorney Appearance
To the extent reasonable and practicable, and consistent with applicable state regulations, the Contractor
agrees to appear in proceedings before the courts of his county on behalf of other County Departments when
authorized by the Department.
CSE - AGREEMENT MawSERVICES 1 ." � PAGE 6
The Department and Contractor have therefore caused this agreement to be executed by their respective officers
duly authorized to do so.
This agreement is expressly made subject to the approval of the Executive Director, Colorado Department of Human
Services, or his/her designee; however, the State of Colorado, the Colorado Department of Human Services, the
Executive Director, or his/her designee, are not parties to this agreement.
Name, Address, and Phone Number:
(of Contractor)
FJohn C. Collins ]
1416 Grand Avenue
Suite A
PO Box 664
Glenwood Springs, CO 81602
(970)945-2077
L
APPROVED: STATE OF COLORADO
Bill Owens, Governor
Executive Director (or Designee) Date
Colorado Department of Human Services
Zuelc /Z /? o Z
D t Date
1
, County Board of Date
!�c I -I // 7- k-3
Member, n oard of D to
Commissioners *
Member, County Board of Date
Commissioners *
Member, County Board of Date
Commissioners*
* If the Board of County Commissioners resolves to empower the Chairperson of the Board of
County Commissions to enter into this agreement for the County Commissioners then a copy of the
Board's resolution to do so must be attached.
CSE - AGREEMENT MO ERVICES � PAGE 7
EXHIBIT I
SCOPE OF SERVICES
Services which may be included in Purchase of Legal Services Agreements:
A. { X } PARENTAGE DETERMINATION - activities related to determining the parentage of dependent
children.
B. { X} ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - activities related to determining
a noncustodial parent's legal obligation, both financially and medically, to support his or her dependent
children, including paternity determination when necessary and modification of court orders when
appropriate.
C. { X) ESTABLISHMENT OF THE AMOUNT OF SUPPORT - activities related to determining a noncustodial
parent's support obligation, including methods and terms of payment.
D. { X) UNREIMBURSED PUBLIC ASSISTANCE - activities related to establishing and collecting
unreimbursed public assistance owed to the State of Colorado.
E. { X) UIFSA (Colorado Initiating) - activities related to the initiation of child support enforcement reciprocal
support actions.
F. { X } UIFSA (Colorado Responding) - activities related to the processing of child support enforcement
reciprocal support actions initiated by other jurisdictions.
G. { X) ENFORCEMENT - activities to enforce the collection of support including, but not limited to, obtaining
wage assignments, obtaining judgments, executing post judgment remedies (such as continuing wage
garnishments, and property liens).
H. { } REPORTING - activities related to providing statistical fiscal, and other records necessary for reporting
and accountability as required by the State Department and U.S. Department of Health and Human
Services.
INTAKE - activities associated with initial child support case opening and information collection.
J. { X} LOCATE - activities associated with locating a noncustodial parent and locating the assets of a
noncustodial parent.
K. { X) FINANCIAL ASSESSMENT - activities related to determining a noncustodial parent's ability to provide
support.
L. { } COLLECTION - activities related to monitoring support payments.
M. { X } INVESTIGATION - activities related to investigation necessary to accomplish child support enforcement
functions.
N. { } FELONY NONSUPPORT — activities related to prosecuting felony nonsupport actions. Deputization by
the District Attorney is required pursuant to §20-1-201, C.R.S. in order to prosecute such actions.
O. { X) ESTABLISHMENT OF FOSTER CARE FEE ASSESSMENT — activities related to determining a
parent's foster care fee assessment when that parent has been assessed a temporary foster care fee through
administrative process action and that parent disagrees with the assessment and has requested a court
hearing.
CSE - AGREEMENT FO�+ERVICES PAGE 8
EDIT II
COMPUTATION OF PERSONNEL COSTS FOR SERVICES
A. Supervisor
List the name and official title of the person who will set personnel policies, appoint new employees
and will otherwise exercise supervisory authority for services to be provided under this agreement.
Also include his/her actual hourly rate including employee benefits, estimated number of his/her hours
to be charged under this agreement, and estimated expense. (Does not apply to non -legal services).
Name and Actual Hourly Estimated Estimated
Title Rate Hours Expenses
John Collins
Attorney services $90 144
Paralegal services $45 120
B. Personnel
List the name and official title of all personnel who will be providing services under this agreement.
Also list his/her actual hourly rate including employee benefits, estimated number of his/her hours to be
charged under this agreement, and estimated expense. (Does not apply to non -legal services).
Name and Actual Hourly
Title Rate
Estimated Estimated
Hours Expenses
C. Total Personnel Expenses $18,360
(Transfer this total to Exhibit III, Line 1.) I I
CSE - AGREEMENT FO!.dERVICES
PAGE 9
EDIT III
AGREEMENT BUDGET
FOR PERIOD OF 1 / 1 / 2003 THROUGH 12 / 31 / 2003
1. Personnel Expenses, including employee benefits.
(From Exhibit II - C)
2. Travel Expenses (specify)
Ua to 1,440 miles annually at .345/mile
3. Training Expenses (specify)
4. Specific Actual Expenses:
a. Automated Data Processing $
b. Office Space $
c. Capital Outlay $
d. Genetic Tests $
e. Other (specify) $
$ 18.360
$ 497
Total Specific Actual Expenses: $,
5. TOTAL EXPENSES $ 18,857
r, C
CSE - AGREEMENT Maw4ERVICES 14� PAGE 10
EXHIBIT IV
PERFORMANCE STANDARDS
List standards of performance that will allow for an accurate evaluation of the services being provided by the
Contractor.
1. All IV-D functions must be performed in accordance with the approved State Plan and all relevant
Federal and State legislation and regulations.
CSE - AGREEMENT FGmoa&ERVICES 1,4� PAGE 11
EXHBIT IV(A)
SPECIAL PROVISIONS
a) The Department and Contractor agree that the Eagle County Department of Health & Human Services
shall be the "delegate child support enforcement unit" responsible for the carrying out of the provisions
of Title 26, Article 13.5, C.R.S. An administrative process action that requires a request for court hearing
in any activities specified in "Exhibit I, Scope of Services" shall be referred to the Contractor who shall
then represent the Department at the hearing.
b) The Department and Contractor agree that wage assignments (14-14-111.5, C.R.S.), verified entry of
judgments (14-10-122, C.R.S), garnishments (14-14-105 and 13-54-104(3), C.R.S., Rule 103, C.R.C.P.),
and property lien actions shall be the responsibility of the Department. The Contractor, if requested by
the Department, will represent the Department in regard to any court hearings arising from the above
activities. The Contractor shall not warrant the Department's work and shall dispose of any objection or
other issuing rising from such activities as the Contractor views as legally correct.
c) The Department and Contractor agree that contempt citations, judgments entered pursuant to Rule 54 and
55 C.R.C.P. and court hearings shall be the responsibility of the Contractor.
d) Travel costs. The Department and Contractor agree that Contractor will be reimbursed by the
Department for up to 1,440 miles annually at .345/mile.
H AADM12003AMCONTRACT
KL 11 /22/2002
