The URL can be used to link to this page

Browse Search

Home My WebLink About20230215.tiffRESOLUTION RE: APPROVE STANDARD TERMS AND CONDITIONS OF ENGAGEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - LAW OFFICE OF ED FRADO, LLC 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 Standard Terms and Conditions of Engagement Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Law Office of Ed Frado, LLC, 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 Standard Terms and Conditions of Engagement Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Law Office of Ed Frado, LLC, 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 16th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dim.%) w .e.,%4, Weld County Clerk to the Board County Attorney Date of signature: o l /2H /23 man, Chair 'erry L. B , Pro-Tem EXCUSED Scott K. James evin D. Ross Lori Saine cc: PEGS/SDK),CA(BBf cj4) o2/ot/2.3 2023-0215 F10078 PE0035 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Professional Services: Law Office of Ed Frado, LLC DEPARTMENT: • Human Resources DATE: 01/04/2023 PERSON REQUESTING: Staci Datteri-Frey / Jill Scott Brief description of the problem/issue: periodically we have outside counsel assist with the writing of amendments and changes to our voluntary 401(k) / 457 plan documents and have used the services of Mr. Frado. He has advised us of a rate change effective 1/1/23. Rate change is a result of inflation and he stated_,his_rate_is_..__ discounted due to_ourJong -standing relationship_with.Weld County. (Note that a 2021 Colorado federal court decision approved a rate of $900 per hour for ERISA attorneys at my experience level, and that was before inflation. Also, rate for new clients is $475 per hour.) What options exist for the Board? (include consequences, impacts, costs, etc. of options): Accept his rate increase. Pursue other outside counsel options through RFP process. This will take extended time and effort by Human Resources team during a time we are implementing the new ERP. Recommendation: Staff recommendation is to accept rate increase. Approve Recommendation Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. Jame Kevin D. Ross Lori Saine Scheduif Work Session Other/Comments: 2023-0215 01 oo1s PE 005 Law Office of Ed Frado, LLC Specializing in Employee Benefits Law December 27, 2022 VIA Email to: Staci J. Datteri-Frey, MPH Benefits Manager Weld County Government PO Box 758 1150 O Street Greeley, CO 80632 RE: Engagement for Professional Services Dear Staci, ED FRADO ATTORNEY AT LAW 7887 East Belleview Avenue Suite 1100 Denver, Colorado 80111 303-727-0510 edfrado@comcast.net www.edfradolaw.com Thank you for your consideration in continuing to engage me to assist the Weld County Government with employee benefit plan matters that arise from time to time. Enclosed with this letter are my current standard terms and conditions of engagement. I will be primarily responsible for handling your matters and will complete your assignments in accordance with generally accepted commercial standards. My hourly rate for work contemplated under this engagement is four hundred and twenty-five dollars ($425.00) per hour. This rate is subject to review periodically and may be adjusted, though any adjustment would be set forth in a subsequent engagement letter. If you agree with my standard terms and conditions of engagement, please have a copy of this document signed, dated and returned to me. If at any time you have questions or would like clarification as to my services, fees, or any other matters, please contact me. Sincerely Yours, Ed Frado Staci J. Datteri-Frey, MPH Benefits Manager Weld County Government December 27, 2022 STANDARD TERMS AND CONDITIONS OF ENGAGEMENT This document specifies the standard terms and conditions of engagement applicable to the provision of services between the Law Office of Ed Frado, LLC ("Firm") and the Weld County Government ("Client"). Unless superseded by a separate written agreement executed by the Client and the Firm, these standard terms and conditions will apply to all matters upon which any attorneys and non -attorney professionals work on behalf of the Client. In this document, the terms "we," "us" and "our" refer to the Firm, and the terms "you" and "your" refer to the Client. 1. Conflicts. To protect both the Client and the Firm, and to comply with our professional obligations, our representation of you is subject to clearance of any conflicts of interest with present or former Clients of our Firm. To enable us to identify any potential conflicts, and to help us in the future to avoid accepting a new engagement which conflicts with our representation of you or other Clients, please promptly provide us with the name of any person or entity whose interest in any matter on which you have requested assistance of the Firm is or may be adverse to you. Upon discovery of any conflict of interest, we will immediately inform you of the conflict and will endeavor to work with you toward an acceptable resolution. However, if the conflict can be resolved only by our withdrawing as your counsel, our obligation to you as a result shall be limited solely to working with you to find an acceptable replacement. In such event, we shall be entitled to be compensated for all services performed, including time spent working with you to resolve the conflict, in accordance with this Agreement. 2. Advice and Disclosure. Any expressions on our part concerning the prospective outcome of legal matters are simply expressions of our best professional judgment, but they are not guarantees. Our opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. For us effectively to provide representation, you agree to disclose all relevant facts fully and accurately and to keep us informed of all developments relating to the matter. You also agree to cooperate fully with us and to be available to attend any meetings, conferences, hearings, and other proceedings that we deem appropriate. 3. Insurance. If you are sued by another party, it is possible that your insurance will cover part or all of your defense. All inquiries regarding your insurance coverage are your responsibility. We do not assume any responsibility for determining whether or not you have insurance coverage, nor for making required disclosures to the insurance carrier unless we agree to that in writing in another document. 4. Fees. We take into account several factors when billing for services rendered. The principal factor is our hourly rates, and most fees for services are the product of the time worked (in units of six minutes) multiplied by the hourly rates for the attorneys and other professionals who perform the work. You will be billed for all time spent on your behalf, including without limitation, conferences, telephone calls, drafting, research, and travel. 2 o "b.1/6- Staci J. Datteri-Frey, MPH Benefits Manager Weld County Government December 27, 2022 For many of the tasks we are requested to perform, it is impossible to determine in advance how much time will be needed because that depends on issues beyond our control. Unless set forth in a written fixed -fee agreement signed by both you and the Firm, any estimates we provide are not guarantees of the actual cost of the work or the amount for which you will be billed. Our hourly rates for attorneys and other non -attorney professionals are based on years of experience, training and specialization in the practice of law and particular technologies, level of professional attainment, deadline and time constraints, project magnitude and complexity, and in some cases the Firm's overhead costs. Although we do not have an established annual review of hourly rates, you may anticipate that our rates usually will not be changed more often than annually, if that often. If we change our rates, the new rates will go into effect immediately and we will notify you of the rate increase. 5. Costs. Certain costs are passed on to you by including them on our regular invoices. These costs include, without limitation, reasonable travel expenses and charges for items such as photocopies, telephone calls, postage, computerized research, courier services, overnight delivery, and mileage. We may or may not advance major out-of-pocket expenses such as foreign counsel fees, court reporter fees, witness fees, and other services provided by third parties when the third party invoice exceeds or is expected to exceed $5,000, unless special arrangements are made in advance. These expenses may be billed directly to you, or the invoices may be forwarded to you for payment. 6. Billing. Our invoices for work performed will be prepared and mailed approximately monthly following the month in which services are rendered. The invoices will summarize all fees and costs, and will include detailed descriptions of the work performed by the Firm and any related costs, as well as any other information you require. Payment of the balance due on any invoice is expected within 30 days of the invoice date. If payment is not received within 30 days of the invoice date, you agree that in our discretion we may assess a late fee equal to 1.5% of the unpaid balance for each month or partial month during which the balance due remains unpaid. 7. Non -Payment of Fees and Costs. Failure to pay any invoice in full within 30 days of the invoice date will constitute a default. In the event of a default, you agree that in our discretion we may immediately cease all legal services on your behalf or discontinue our representation (subject to our ethical obligations and any other applicable provision of law). If we are required to take steps to collect any outstanding sum owed to us by you, you will be obligated to pay all costs incurred by us in collection, including reasonable attorneys' fees. 8. Payment by Others. Sometimes another party to a transaction agrees to pay our Client's legal fees, or a court may order our Client's adversary to pay all or part of its legal fees and costs. In such cases, however, our Client remains primarily liable for payment of all fees and costs. Any amounts received from others will be credited to the Client's account. 9. Termination. You have the right to terminate our representation by written notice at any time. In that event, you are not relieved of the obligation to pay for all services rendered and 3 Staci J. Datteri-Frey, MPH Benefits Manager Weld County Government December 27, 2022 costs incurred on your behalf prior to our receipt of that notice. We have the same right to terminate our representation, subject to an obligation to give you reasonable notice to arrange alternative representation. 10. Arbitration of Any Disputes. It is agreed that any dispute which may arise regarding our representation of you, including collection of amounts owed for services rendered and any dispute whatsoever which you may have with use or any claim against us or any person, employee or legal assistant employed by us with arises out of our furnishing legal services to you, shall be resolved solely by submitting such matter or matters to binding arbitration in Denver, Colorado, in accordance with the rules then in effect of the American Arbitration Association. A decision in any such arbitration shall be binding and may be enforced in accordance with Colorado law. 11. Ownership of Files and Records. Except as to original records or any records of files which we accept upon the understanding that they belong to you, it is hereby agreed that all files, copies of documents, correspondence or other materials, which we accumulate in connection with your representation, including copies of materials filed with any regulatory agency, shall be our property. Upon the termination of the engagement, we will return any property belonging to you upon your request, provided that all fees and expenses have been paid. We shall require from you written authorization to transfer any property belonging to you to a third party. Copies of our files and other materials which we accumulate during our representation will be made available to you at your expense; however, it is specifically agreed that we shall have the right, at our discretion, to dispose of these files at such time that we determine that such files need not be retained any longer. After such destruction, our files will no longer be available. 12. Applicable Law. The laws of the State of Colorado will govern the interpretation of this agreement, including all rules or codes of ethics that apply to the provision of our services. I appreciate the opportunity to serve you. If you have any questions concerning services or charges during the course of my representation, please bring those issues to my attention. Ed Frado, Esq. Law Office of Ed Frado, LLC Received, acknowledged, and agreed to for the Weld County Government: Signed: �► January 16 Printed Name: Mike Freeman Title: Chair, Board of Weld County Commissioners 4 20 23 40023 - .1/5- STANDARD TERMS AND CONDITIONS OF ENGAGEMENT AGREEMENT - LAW OFFICE OF ED FRADO, LLC APPROVED AS TO SUBSTANCE: Ele ed •'ia'iepa-ment Head, or Deputy Department Head APPROVED AS TO FUNDING: (9.w.4 Chief Financial Officer, or Controller APPROVED AS TO FORM: County Attorney Hello