HomeMy WebLinkAbout20132451.tiffRESOLUTION
RE: APPROVE REIMBURSEMENT AGREEMENT FOR LEGAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - SUSIE VELASQUEZ, WELD COUNTY PUBLIC
TRUSTEE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Reimbursement Agreement for Legal
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the County Attorney's Office, and Susie Velasquez,
Weld County Public Trustee, commencing August 28, 2013, and ending August 27, 2014, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Reimbursement Agreement for Legal Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the County Attorney's Office, and Susie Velasquez, Weld County Public Trustte, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of August, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C LORADO
ATTEST:
Weld County Clerk to the Board
ttorney
SEP Date of signature: 0 5 2013
can P. Conway
XCUSED
ike Freeman
EXCUSED
Barbara Kirkmeyer
ee see/9(4/O
2013-2451
CA0014
REIMBURSEMENT AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN THE WELD COUNTY PUBLIC TRUSTEE
AND THE WELD COUNTY ATTORNEY
THIS AGREEMENT is executed as of the 28ttday of Aug. , 2013, by and between the
Board of County Commissioners of Weld County, Colorado, on behalf of Bruce T. Barker, Weld
County Attorney, whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632
(hereinafter referred to as "Contractor") and Susie Velasquez, Weld County Public Trustee,
whose address is 1701 23rd Avenue, Suite 250, Greeley, CO 80634 (hereinafter referred to as
"the Public Trustee").
This Agreement shall be in effect from the date first written above, to and until
August 27, 2014 .
The Public Trustee desires to enter into an Agreement with the Contractor to provide the
following legal services:
1) Preparation and filing of routine responsive pleadings in civil lawsuits filed by parties
involved in real property judicial foreclosure actions.
2) Consultation with opposing counsel in real property judicial foreclosure actions, as
necessary.
3) Research of questions which relate to real property foreclosure actions.
Contractor desires to enter into such an Agreement with the Public Trustee.
The Public Trustee and Contractor therefore agree as follows:
1. Scope of Services.
The legal services described above shall be provided by Contractor to the Public Trustee
during the term of this Agreement.
2. Personnel.
Contractor shall identify all County Attorney personnel by title who may provide
services pursuant to this Agreement, and such list shall be as set forth in Paragraph 15, below.
The addition or deletion of personnel listed in said Paragraph 15 shall be accomplished by letter
or e-mail submitted by Contractor, within ten (10) days of any changes of positions, to the Public
Trustee. Said letter or e-mail shall comply with the requirements of this Paragraph 2.
3. Payment.
Contractor shall submit itemized monthly billings to the Public Trustee for legal services
provided. Each billing will detail the name of the attorney who provides the legal services and
2013-2451
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the number of hours worked. The amount billed for each attorney will be calculated by
multiplying the number of hours worked times the attorney's rate per hour, as detailed in
Paragraph 15, below. Contractor shall submit all itemized monthly billings to the Public Trustee
no later than the last day of the month following the month the cost was incurred. Billings shall
be signed by Contractor. Payment to Contractor shall be made monthly by the Public Trustee
within ten (10) days of receipt of the itemized billing.
4. Duties of the The Public Trustee.
The Public Trustee shall provide Contractor with all pertinent information available to
the extent that such information is relevant to the services to be performed pursuant to this
Agreement.
5. 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 the reasons for termination. Upon such termination,
Contractor shall furnish to the Public Trustee, as property of the Public Trustee, all property,
records and pertinent information, which relate to the legal services that have been or are then
being provided by Contractor to the Public Trustee. Upon Contractor providing said property,
records and information to the Public Trustee, the Public Trustee shall pay Contractor for actual
costs incurred through the last day of this Agreement.
6. Amendment.
This Agreement may be amended in whole or in part by mutual consent, provided that
said amendment shall be reduced to writing, properly executed and made a part of this
Agreement. This Agreement may be modified due to budget limitations.
7. Subcontracts.
No subcontract shall be made by Contractor with any other party for furnishing any
services contracted for in this Agreement without the prior written consent, and approval of the
Public Trustee. For services provided under any subcontract, Contractor shall be responsible for
contract performance and compliance with the terms and conditions of this Agreement.
Contractor shall select subcontractor on a competitive basis to the maximum practical extent
consistent with the objectives and requirements of this Agreement.
8. Appearance in Court.
Contractor agrees to appear in proceedings before the courts of Colorado, on behalf of
the Public Trustee, when necessary in the legal proceedings for which Contractor has been
contracted to perform pursuant to this Agreement.
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9. Entire Agreement/Modifications.
This Agreement contains the entire agreement between the Parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by each of the Parties. Course of conduct, no matter how long, shall not
constitute an amendment to this Agreement.
10. Funding Contingency.
No portion of this Agreement shall be deemed to create an obligation on the part of the
Parties to expend funds not otherwise appropriated or budgeted for.
11. Severability.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the Parties.
12. Governmental Immunity.
No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the Parties or their officers or employees may possess under federal or state constitutional,
statutory or common law.
13. No Third Party Beneficiary.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the Parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person or entity not included in this Agreement. It is the
express intention of the Parties that any individual or entity other than the Parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
14. Execution.
This Agreement may be executed in counterparts and by facsimile or electronic PDF,
all of which shall constitute one instrument.
15. Computation of Personnel Costs For Services.
The attorneys who may perform the work pursuant to this Agreement are: Bruce T.
Barker, Weld County Attorney, and Assistant Weld County Attorneys Stephanie Arries, Brad
Yatabe, and Bob Choate. The rate to be charged by Contractor for each attorney shall be:
$115.60 per hour.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first hereinabove written.
CONTRACTOR:
ATTEST:`\`s�," ° ''4' iS.JC,"-
Weld County Clerk to the Board
By:
Board of County Commissioners of Weld
County, Colorado, on behalf of Bruce T.
Barker, Weld County Attorney
Deputy Clto e Boar" raA `\ William P Garcia, Chairman
t .v-'fl�"ri� 'g'g=
AUG 2 8 2013
BI ICTRUSTEE
quez, eld County Public
Trustee
WELD COY ATTO
By:
By:
Attorney
Bp T. Barker, Weld County
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