HomeMy WebLinkAbout20142641.tiff RESOLUTION
RE: APPROVE REIMBURSEMENT AGREEMENT FOR LEGAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - SUSIE VELASQUEZ, WELD COUNTY PUBLIC
TRUSTEE
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 Reimbursement Agreement for Legal
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 Susie Velasquez,
Weld County Public Trustee, commencing August 28, 2014, and ending August 27, 2015, 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 Reimbursement Agreement for Legal 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 Susie Velasquez,Weld County Public Trustee, 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 25th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO 11 .
ATTEST: d GC ; . y�o-��Cm .t,.c�V✓
U�j ouglas Rademach r, Chair
Weld County Clerk to the Board # ` EL
CUSED
ara Kirkmeyer, Pro-Tem
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Mike FFrr
ounty Attorney (-fig'(
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William F. Garcia
Date of signature:
Cc eta (FN)9
I�0 2014-2641
CA0015
REIMBURSEMENT AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE WELD
COUNTY PUBLIC TRUSTEE AND THE WELD COUNTY ATTORNEY'
THIS AGREEMENT is executed as of the/.J day of 014, by and between the Board of
County Commissioners of Weld County, Colorado, on behalf of ruce T. Barker, Weld County Attorney,
whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632 (hereinafter referred to as "Contractor")
and Susie Velasquez, Weld County Public Trustee, whose address is 1701 23rd Avenue, Suite 250, Greeley,
CO 80634 (hereinafter referred to as"the Public Trustee").
This Agreement shall be in effect from the date first written above,to and until August 27.2015.
The Public Trustee desires to enter into an Agreement with the Contractor to provide the following
legal services:
1) Preparation and filing of routine responsive pleadings in civil lawsuits filed by parties involved in
real property judicial foreclosure actions.
2) Consultation with opposing counsel in real property judicial foreclosure actions, as necessary.
3) Research of questions which relate to real property foreclosure actions. Contractor desires to enter
into such an Agreement with the Public Trustee. The Public Trustee and Contractor therefore
agree as follows:
1. Scope of Services.
The legal services described above shall be provided by Contractor to the Public Trustee during the
term of this Agreement.
2. Personnel.
Contractor shall identify all County Attorney personnel by title who may provide services pursuant to
this Agreement, and such list shall be as set forth in Paragraph 15,below. The addition or deletion of personnel
listed in said Paragraph 15 shall be accomplished by letter or e-mail submitted by Contractor, within ten (10)
days of any changes of positions,to the Public Trustee. Said letter or e-mail shall comply with the requirements
of this Paragraph 2.
3. Payment.
Contractor shall submit itemized monthly billings to the Public Trustee for legal services provided.Each
billing will detail the name of the attorney who provides the legal services and the number of hours worked.
The amount billed for each attorney will be calculated by multiplying the number of hours worked times the
attorney's rate per hour,as detailed in Paragraph 15,below.Contractor shall submit all itemized monthly billings
to the Public Trustee no later than the last day of the month following the month the cost was incurred.Billings
shall be signed by Contractor. Payment to Contractor shall be made monthly by the Public Trustee within ten
(10)days of receipt of the itemized billing.
4. Duties of the The Public Trustee.
The Public Trustee shall provide Contractor with all pertinent information available to the extent that
such information is relevant to the services to be performed pursuant to this Agreement.
5. Termination for Convenience or for Cause.
This Agreement may be terminated with or without cause by either party upon written notice of at least
thirty (30) days citing the reasons for termination. Upon such termination, Contractor shall furnish to the
Public Trustee, as property of the Public Trustee, all property, records and pertinent information,which relate
to the legal services that have been or are then being provided by Contractor to the Public Trustee. Upon
Contractor providing said property, records and information to the Public Trustee,the Public Trustee shall pay
Contractor for actual costs incurred through the last day of this Agreement.
6. Amendment.
This Agreement may be amended in whole or in part by mutual consent,provided that said amendment
shall be reduced to writing, properly executed and made a part of this Agreement. This Agreement may be
modified due to budget limitations.
2014-2641
7. Subcontracts.
No subcontract shall be made by Contractor with any other party for furnishing any services contracted
for in this Agreement without the prior written consent, and approval of the Public Trustee. For services
provided under any subcontract, Contractor shall be responsible for contract performance and compliance with
the terms and conditions of this Agreement. Contractor shall select subcontractor on a competitive basis to the
maximum practical extent consistent with the objectives and requirements of this Agreement.
8. Appearance in Court.
Contractor agrees to appear in proceedings before the courts of Colorado, on behalf of the Public
Trustee, when necessary in the legal proceedings for which Contractor has been contracted to perform pursuant
to this Agreement.
9. 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 each of the Parties. Course of conduct, no matter how
long,shall not constitute an amendment to this Agreement.
10. Funding Contingency.
No portion of this Agreement shall be deemed to create an obligation on the part of the Parties to expend
funds not otherwise appropriated or budgeted for.
11. 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.
12. 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 under federal or state constitutional,statutory or common law.
13. 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 Parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person or
entity not included in this Agreement. It is the express intention of the Parties that any individual or entity other
than the Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
14. Execution.
This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall
constitute one instrument.
15. Computation of Personnel Costs For Services.
The attorneys who may perform the work pursuant to this Agreement are: Bruce T. Barker, Weld
County Attorney,and Assistant Weld County Attorneys Brad Yatabe,Bob Choate,and Frank Haug. The rate to
be charged by Contractor for each attorney shall be: $115.60 per hour.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and
year first hereinabove written.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the
day and year first hereinabove written
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � � ,�j
C Douglaikcemach rChair A G 2 5 2U14
WaC.htA#4.
Weld County Clerk to the Board WELD •UN--TY PUBLICIRUSTEE
BY: • LV
Deputy Clerk �r� � Susie Velasque ,Weld County Public Trustee
,gyp � WELD COUNTY ATT
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Bruce T. Barker,Weld County Attorney
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