HomeMy WebLinkAbout20132860.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - AMANDA PEEK LARSON
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 an Agreement for Professional 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 the Department of
Human Services, and Amanda Peek Larson, commencing September 12, 2013, and ending
September 30, 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 Agreement for Professional 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 the Department of Human Services, and Amanda Peek
Larson 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 9th day of October, A.D., 2013, nunc pro tunc September 12, 2013.
BOARD OF COUNTY COMMISSIONERS,
WELD CTY, COLORADO
ATTEST:ash.g�'�(\j(„
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the Boar
ounty Attorney
arbara Kirkme er
Date of signature OCT 2 2 2013
am F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
Sean P. Conway
ike Freeman
I (Tag ---,\9137
2013-2860
CA0014
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and Amanda Peek
Larson, whose address is 822 7th Street, Suite 520, Greeley, Colorado 80631, ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from September 12, 2013, through and
until September 30, 2014.
3. Services to be Performed. Contractor agrees to perform legal services for child
support enforcement on behalf of the Weld County Department of Human Services ("DHS").
4. Compensation.
a. County agrees to pay Contractor for legal services for child support
enforcement at the rate of $120 per hour. Charges shall be based on the time actually
spent performing the services, but shall exclude travel time.
b. Mileage may not be charged to and from any required job site. Contractor
shall not be paid any other expenses unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
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2013-2860
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Case Files. Correspondence and Documents Considered County Property. All
case files, correspondence and documents received or held in connection with the performance of
this Agreement, whether or not such materials are in completed form, shall at all times be
considered the property of the County. Contractor shall not make use of such material for
purposes other than in connection with this Agreement without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance. Contractor shall carry sufficient legal malpractice insurance workers'
compensation insurance (if applicable) at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 20 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
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14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of County.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. 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 both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. 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.
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24. 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.
25. 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 undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
26. Computer Connection. So that Contractor may have necessary access to County
case files, correspondence and records for the purpose of providing legal services for child
support enforcement, County shall provide for Contractor County e-mail access and VPN access
through the County system. County shall allow Contractor access to ICCES. County shall
provide Contractor with access to the common calendar used by DHS legal staff for the purpose
of scheduling.
27. Limited Commission as Assistant County Attorney. For the purpose of providing
legal services for child support enforcement pursuant to the terms of this Agreement, Contractor
shall be given a limited commission of Assistant Weld County Attorney. As such, Contractor
shall be allowed access to all Weld County DHS buildings.
28. Confidentiality. Contractor shall at all times, in accordance with the Rules of
Professional Conduct, during the period of this Agreement and for a reasonable time thereafter,
maintain the confidentiality of DHS and its clients it serves, including any and all information
obtained in the course of performing the legal services detailed in this Agreement, including, but
not limited to, any and all Federal and/or State tax information and Social Security numbers.
29. No New Child Support Cases. For the purpose of providing legal services for child
support enforcement pursuant to the terms of this Agreement and to avoid creating conflicts of
interest, Contractor shall refrain from taking on any additional DR clients in Weld County,
wherein it is anticipated that child support will be an issue for those clients.
30. Conflict Cases. Contractor shall immediately inform Thomas Joaquin, Lead
Supervising DHS Assistant Weld County Attorney, of any conflict cases that may arise in the
course of Contractor's performing the legal services pursuant to this Agreement.
31. Scheduling Conflicts. Contractor shall arrange for backup coverage in case of
scheduling conflicts that may arise in the course of Contractor's performing the legal services
pursuant to this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACR:
ATTEST:
CLERK TO THE BOARD
By:
Deputy Clerk o the Board
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AinandatP-cel: Larson
ARD OF COUNTY
MISSIONERSOF WELD COUNTY
illiam F. Garcia, Chairman
OCT 0 9 2013
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