HomeMy WebLinkAbout20251797.tiffResolution
Approve Professional Service Agreement for Certification of Chairperson Attorney
on Grievance Board and Authorize Chair to Sign — Cristin McGarry with
Cline Williams Wright Johnson and Oldfather, LLP
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 Professional Service Agreement for the
Certification of a Chairperson Attorney on the Grievance Board between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Resources, and Cristin McGarry with
Cline WIliams Wright Johnson and Oldfather, LLP, commencing June 15, 2025, and
ending June 15, 2026, 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 Professional Service Agreement for the Certification of a Chairperson
Attorney on the Grievance Board between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department
of Human Resources, and Cristin McGarry with Cline Williams Wright Johnson and
Oldfather, LLP, 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 25th day of June, A.D., 2025, nunc pro tunc June 15, 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
CC : PEOVAD/jjP)
07no/a5
2025-1797
PE0037
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS AROUND TITLE: Grievance Attorney Selection
DEPARTMENT: Human Resources
PERSON REQUESTING: Jill Scott
DATE: 5/28/2025
Brief description of the problem/issue:
County Code 3-4-70 — Grievance hearing
B. Composition of Grievance Board. The Grievance Board shall consist of three (31 members as listed below. if either party fails to select a member to serve on the Grievance Board by the date
designate) by the Director of Human Resources, then the Director of Human Resources shall appoint a member.
1. One (1f County employee chosen by the grieving employee, but not from the employee's own office or department_ Said County employee's employment status must include eligibility to
participate In grievance procedures: however, said employee may not be called by either party as a witness.
2. One (IS County employee chosen by the department head or elected official that imposed the disciplinary action. but not from the same office or department as the department head or elected
official. Said County employee's employment status must include eligibility to participate In grievance procedures: however, said employee may not be called by either party as a witness.
3. One (1} person with labor relations andior legal background selected from a list certified by the Board of County Commissioners. This person shall serve as the Chairperson of the Grievance Board.
Currently, only one designated attorney is certified to serve as Chairperson on the Grievance Board. This
limited availability presents challenges in scheduling timely grievance hearings, which are often sensitive and
time critical.
To increase scheduling flexibility and support the timely administration of grievance hearings, staff has
interviewed and vetted two additional attorneys:
• Cristin McGarry, Cline, WIliams, Johnson & Oldfather
• Dan Muffly, Johnson, Muffly & Dauster
Both attorneys meet the required qualifications, including labor relations experience, and are eligible to serve
as Chairperson on the Grievance Board.
What options exist for the Board?
Approve the recommendation to add both Cristin McGarry and Dan Muffly as certified attorneys eligible to
serve as Chairperson on the Grievance Board.
Do Not Approve the recommendation.
Consequences:
Maintaining only one certified attorney restricts our ability to schedule hearings promptly. This can result
in delays, increased stress for involved parties, and potential procedural inefficiencies.
Impacts:
• Enhanced scheduling flexibility
• Reduced delays and administrative burden
• Improved overall efficiency in grievance processes
2025-1797
win
Feoosi
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
No additional budget impact; hourly rates for both attomeys are $325.00, and this cost is already allocated
within the existing budget.
Recommendation:
Staff recommends approval of adding both Cristin McGarry and Dan Muffly as certified attorneys eligible to
serve as Chairperson on the Grievance Board.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND
CRISTIN MCGARRY AND CLINE WILLIAMS WRIGHT JOHNSON AND
OLDFATHER,LLP.
THIS AGREEMENT is made and entered into this Jday of 'A k2 2025 b
> by
and between the Board of Weld County Commissioners, on ehalf of Department of Human
Resources, hereinafter referred to as "County," and Cristin McGarry with Cline Williams
Wright Johnson & Oldfather, L.L.P, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor as an independent contractor to
perform services as more particularly set forth below;
WHEREAS, Contractor is an attorney with a legal background in employment
law and labor relations, which is needed by the County to assist in managing the
employee grievance process; 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 June 15, 2025, through and until
June 15, 2026. Both of the parties to this Agreement understand and agree that the laws
of the State of Colorado prohibit the County from entering into Agreements which bind
the County for periods longer than one year. This Agreement may be extended upon
mutual written agreement of the Parties.
3. Service or Work. Contractor agrees to perform legal services as described in Chapter 3,
Article IV of the Weld County Code. This includes but is not limited to the following:
(a) Coordinate with the Department of Human Resources and the County Attorney's
Office to set the time and manner of the hearing.
(b) Serve as the chairperson of the Grievance Board and conduct the hearing in person
and in compliance with Section 3-4-70, Weld County Code.
Form Revision 3-2025
(c) Act in the best interest of the Board of County Commissioners and the County when
facilitating the grievance hearing.
(d) Coordinate any additional meetings of the Grievance Board after the hearing and
prepare the Grievance Board Decision to be signed by all Grievance Board members
and submitted to the parties within I0 days of the hearing.
4. Compensation.
(a) County agrees to pay Contractor for legal services related to the Grievance Board
Hearing at 325.00 per hour. Charges shall be based on the time spent performing the
services, including things such as reviewing documents, attending the hearing, any
additional meetings, and writing decisions, but shall exclude travel time to Weld
County.
(b) Mileage may be submitted by Contractor for travel to and from Contractor's
home or office to Weld County Offices or location of hearing that is related to
the services 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.
Mileage reimbursement will be made at the standard Weld County mileage rate.
Contractor shall not be paid any other expenses unless set forth in this
Agreement.
(d) Contractor's invoices shall:
i. Identify description of grievance parties included in the invoiced time.
ii. Identify hours spent with description of services provided during
those hours, not just a dollar amount.
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 nri g 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 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
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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. Insurance. Contractor shall carry sufficient legal malpractice insurance and
workers' compensation insurance (if applicable), at Contractor's own cost and
expense,
10. Termination. Either party may terminate this Agreement at any time by
providing the other party with a 60 -day written notice thereof. 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.
11. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of
County.
12. 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.
13. Time of Essence. Time is of the essence in each and all of the provisions of
this Agreement.
14. 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 Govermnental actions.
15. 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
3
address as stated above.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 the County and its
employees and former employees, including any and all information obtained
in the course of performing the legal services detailed in this Agreement.
23. Conflict Cases. Contractor shall immediately inform the Weld County
Attorney of any conflict cases that may arise in the course of Contractor's
performing the legal services pursuant to this Agreement.
24. Entire Agreement/Modifications. This Agreement contains the entire
4
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date and year written below.
CONTRACTOR:
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Weld County Clerk to the Board
BY:
Depu Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
5
D COUNT , COLORADO
JUN 2 E 2025
ZOZ5-1191
Contract For
Entity Information
Entity Name* Entity ID*
CLINE WILLIAMS WRIGHT @00049975
JOHNSON & OLDFATHER LLP
Contract Name*
GRIEVANCE ATTORNEY CLINE WILLIAMS
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9602
Contract Lead*
BPETERSON
Contract Lead Email
bpeterson@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
TO ENSURE TIMELY AND EFFICIENT GRIEVANCE HEARINGS, WE ARE CONTRACTING 2 ADDITIONAL ATTORNEYS TO
SERVE AS CHAIRPERSON ON GRIEVANCE BOARDS. CURRENTLY, ONLY ONE CERTIFIED CHAIRPERSON IS AVAILABLE,
WHICH LIMITS SCHEDULING FLEXIBILITY.
Contract Description 2
THE ADDITIONAL ATTORNEYS HAVE BEEN THOROUGHLY VETTED AND MEET ALL REQUIRED QUALIFICATIONS,
INCLUDING EXPERIENCE IN LABOR RELATIONS.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department
HUMAN RESOURCES
Department Email
CM-
HumanResources@weld.g
ov
Department Head Email
CM-HumanResources-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda Due Date
Date* 06/21/2025
06/25/2025
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
06/15/2C25
Review Date*
04/13/2026
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Renewal Date
Expiration Date*
06/15/2026
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JILL SCOTT
DH Approved Date
06/19/2C25
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/25/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
06/20/2025 06/20/2025
Tyler Ref #
AG 062525
Originator
BPETERSON
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