HomeMy WebLinkAbout20170922.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - DAVID ANDERSON
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, commencing March 27, 2017, and ending December 31, 2017, 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 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 3rd day of April, A.D., 2017, nunc pro tunc March 27, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU. TY, COLOR O
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Weld County Clerk to the Board
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Steve Moreno, Pro -Tern
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2017-0922
HR0088
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 S. Anderson,
whose address is 1821 56th Avenue, Suite A-1, Greeley, Colorado 80634, ("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 March 27, 2017, through and until
December 31, 2017.
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.
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.
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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 $175 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.
iii. Identify staff who performed service, including, but not limited to, other
attorneys and paralegals.
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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.
11. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
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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,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
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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 date and
year written below.
CONTRACTOR:
(-
----David S. Anderson
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ATTEST: daily%) G..X‘.404
Weld • nt _ Clerk to the : oard WELD COUNTY, COL • ' DO
BOARD OF COUNTY COMMISSIONERS
BY:
APPROVED AS TO FUNDING:
Controller
ROVED
County Attorney
Julie A. ozad, Chair
8032017
3VED AS T BSTANCE:
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Elected Official or Department Head
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