HomeMy WebLinkAbout20222751.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - DAVID ANDERSON LAW, 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 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 Department of Human Services, and
David Anderson Law, LLC, commencing September 1, 2022, and ending December 31, 2022,
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 Department of Human Services, and David Anderson Law, 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 28th day of September, A.D., 2022, nunc pro tunc September 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WE43 COlJNTY, COLORADO
ATTEST:,v Jeit0;6k,
Weld County Clerk to the Board
County Attorney
Date of signature: lol6/22
Cott K. James, Chair
eman, Pro -
Lori Saine
cc:-ISOO cp(QQ)
lo US 122
2022-2751
H R0094
Houstan Aragon
From:
Sent:
To:
Subject:
Attachments:
Bruce Barker
Monday, September 26, 2022 1:52 PM
CTB
FW: David Anderson's 9-15-22 Invoice
Professional Services Agreement - David Anderson - 9-1-2022.docx; W-9.pdf
Please put this on the agenda for Wednesday. Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Anderson, David <danderson05@law.du.edu>
Sent: Monday, September 26, 2022 12:27 PM
To: Bruce Barker <bbarker@weldgov.com>; Lennie Bottorff <bottorll@weldgov.com>; Diane Beckman
<dbeckman@weldgov.com>
Cc: Jamie Ulrich <ulrichjj@weldgov.com>; Tammy Maurer <maurertk@weldgov.com>
Subject: Re: David Anderson's 9-15-22 Invoice
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Bruce:
Attached is my signed contract and W-9.
David Anderson
2022-2751
O9 /ZZ
k-vpocv-1
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 David Anderson
Law, L.L.C., whose address is 355 Eastman Park Drive, Suite 200, Windsor, Colorado 80550
("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 1, 2022, through and
until December 31, 2022, and shall renew automatically for successive one-year terms thereafter
unless sooner terminated pursuant to the procedures set forth in Paragraph 10, below
3. Services to be Performed. Contractor agrees to perform legal services in child
welfare cases on behalf of the Weld County Department of Human Services ("DHS").
Additionally:
a. County acknowledges that Contractor engages in the private practice of
law for persons or entities other than the County, and the Contractor is not required to
provide services exclusively to the County during the term of this Agreement.
b. It is anticipated that Contractor will have approximately 15-20 hours per
week to devote to the performance of the legal services detailed in this Agreement.
Contractor shall have the option to decline to provide legal services for the County on a
project -by -project basis, which, in the sole discretion of the Contractor, could not be
accommodated by Contractor's schedule.
c. Contractor shall periodically review with the Weld County Attorney or his
representative findings from a monthly management report on performance elements
produced by child welfare case managers. Such report shall identify if performance
elements were met for DHS on: Contractor's timeliness and availability in responding to
staff inquiries, and timeliness and availability to sign legal pleadings and appear in Court.
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d. Contractor shall meet weekly with child welfare staff attorneys and with
child welfare case managers to discuss ongoing casework being performed by Contractor.
The Weld County Attorney or his representative shall facilitate such weekly meetings.
e. Contractor shall participate in periodic formal meetings with Court staff,
as scheduled by the Court. The Weld County Attorney or his representative shall also
attend such meetings.
4. Compensation.
a. County agrees to pay Contractor for legal services for child welfare
casework at the rate of $200 per hour. Paralegal time is charged at $100 per hour, and
secretarial time is charged at $60 per hour. Charges shall be based on the time actually
spent performing the services, but shall exclude travel time within Weld County.
Items charged at the above hourly rates include:
i. Court appearances and preparation of cases
ii. Legal research necessary to perform the legal services detailed in this
Agreement
iii. Drafting pleadings or other court documents
iv. Communication with DHS staff attorneys, paralegals and DHS staff,
whether by telephone, letter, e-mail, face-to-face or other means
v. Communication with opposing counsel, or their staff, whether by
telephone, letter, e-mail, face-to-face or other means
vi. Communication with guardians ad litem, or their staff, whether by
telephone, letter, e-mail, face-to-face or other means
vii. Regular meetings with DHS staff attorneys, paralegals and with DHS staff
viii. Periodic formal meetings with Court staff, as scheduled by the Court
ix. Travel time outside of Weld County
x. All other work necessary to perform the above listed tasks
b. Mileage may be submitted by Contractor for travel out of Weld County to
complete the services promised in this Agreement for consideration of payment by
County at the standard Weld County mileage rate. 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.
Contractor's invoices shall:
i. Identify court case numbers for all court appearances.
ii. Identify hours spent and not just dollar amounts.
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iii. Identify staff who performed service, including, but not limited to, other
attorneys and paralegals.
iv. To the extent possible, when there are multiple items on a date, list time
spent on each item.
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
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. 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.
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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.
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. 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,
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to the extent that this Agreement is then capable of execution within the original intent of the
parties.
23. 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.
24. 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.
25. 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
welfare cases, 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.
26. Limited Commission as Assistant County Attorney. For the purpose of providing
legal services for child welfare cases 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.
27. 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.
28. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 28th day
of September, 2022.
5
CONTRACTOR:
DAVID ANDERSON LAW, L.L.C.
David S. Anderson, Principle
ATTEST: o;4' BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Bo.rd
BY:
Deputy C
WELD COUNTY, COLORADO
Scott K. James, Chair SEP 2 8 2022
APPROVED AS TO F APPROVED AS TO SUBSTANCE:
Controller
APPROVED AS TO FORM:
17"OL
County Attorney
Elected Official or Department Head
6
o2A,ty? -2 7�/
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
d
o2
Request for Taxpayer
Identification Number and Certification
► Go to www.ir.�sgov/FornoW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
David Anderson Law, LLC
2 Business name/disregarded entity name, if different from above
David Anderson Law, LLC
Give Form to the
requester. Do not
send to the IRS.
8 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the
following seven boxes,
❑ Individuailsoin proprietor or 0 C Corporation 0 .Corporation 0 Partnership 0 Trust/estate
single -member LLC
❑ Limited liability company. Enter the. classification (C=C corporation, S=S corporation, P=Partnership) ►
Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of Rs owner.
❑ Other (see Instructions) ►
5 Address (number, street, and apt. or suite nor See instructions.
355 Eastman Park Drive
4 Exemptions (codes appy only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
tap0as to accounts maintained outside the US.,
City, state, and ZIP code
Windsor, CO 80550
7 List account number(s) here (optional)
equester's name and address (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Certification
Social security numbs
I II
or
Employer identification number
8
8
2
8
9
5
9
2
2
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me); and
2. I am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting is correct
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign signatureof
Here u.s. person ► y
General instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FonmW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (MN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information retum the amount paid to you, or other
amount reportable on an information retum. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest eamed or paid)
Date ►
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you area U.S. person (including a resident
alien), to provide your correct 115.
K you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat No. 10231X
Form W-9 (Rev. 10-2018)
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