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HomeMy WebLinkAboutC02-041 John Collins special county attorneyPURCHASE OF SERVICE CONTRACT SPECIAL COUNTY ATTORNEY AND FEE ESTABLISHMENT THIS AGREEMENT, made and entered into this 14 of kM 2002 by and between County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "County ") and John C. Collins, Attorney at Law, 1416 Grand Avenue, Glenwood Springs, CO 81602, hereinafter "Contractor." This contract will be effective from January 1, 2002 to December 31, 2002 or until further order of the Board of County Commissioners. SPECIAL COUNTY ATTORNEY: 1. Scope a) County agrees to purchase and Contractor agrees to provide services to County at such time as cases coming under the jurisdiction of County pursuant to Title 19 of Colorado Revised Statutes the Colorado Children's Code, as amended, which require legal determinations, as well as any advice, counsel, legal services or other representation on or relating to the normal, operation of County, Child Protection Unit, including initiation of lawsuits initiated by County for establishment of amounts due it. In addition services will be provided as County may require for Adult Protective Services, such as conservatorship and guardianship proceedings. b) County agrees to purchase and Contractor agrees to furnish up to 12 hours of attorney services related to Child Protection per month at a cost per hour of $90.00. Contractor shall be responsible for maintaining accurate records of billable hours and shall immediately notify the Director of the Eagle County Department of Health and Human Services ( "ECDHHS ") in writing if in any month it appears that billable, hours shall exceed 12 hours. The Contractor will not exceed 12 hours without the prior written permission of the Director of ECDHHS. C) County agrees to purchase and Contractor agrees to furnish attorney services on an as- needed/as- assigned basis for Adult Protection cases at the rate of $90.00 per hour, for which Contractor will perform all services necessary to initiate and complete the required protective action. d) County agrees to purchase and Contractor agrees to furnish Foster Care Fee Establishment legal services on an as- needed/assigned basis, at the rate of $90.00 per hour to include travel, if necessary. All fee amounts shall be in addition to actual costs reasonably and necessarily incurred (filing fee, service of process, transcripts, etc.). C) County agrees to purchase and Contractor agrees to furnish legal services for cases of foster care fee assessment referred by County to the Contractor's place of business at 1416 Grand Avenue, Glenwood Springs, Colorado 81602 or at such other location agreed to by County as shall facilitate the provision of such services. Z_ Agreement between Eagle County and Special County Attorney Page 2 f) With prior written approval by the Director of ECDHHS, defense of any counterclaim will be undertaken at the litigation rate of $90.00 per hour. 2.PERSONNEL AND EQUIPMENT: a) Contractor is solely responsible for the satisfactory performance ofits employees, agents and subcontractors to carry out the terms of this Contract. b) Under this Contract, Contractor is an independent Contractor with full control and supervision of the services performed. Contractor has full control over employment, supervision, compensation, and discharge of all persons involved in delivering the services specified in this Contract. No agent, employee or volunteer ofthe Contractor shall be deemed to be an agent, employee or volunteer of the County. C) This Contract is not intended, nor does it limit the right of Contractor, to provide services to others. However, Contractor shall not accept any other position that would or could conflict with the obligations of Contractor hereunder. d) Contractor shall report all income pursuant to this Contract to the IRS on appropriate forms. Contractor acknowledges that it is obligated to pay federal and state income taxes and FICA payments on all monies paid pursuant to this Contract and that County will not do so. e) Pursuant to Section 8 -70 -115, C.R.S., Contractor acknowledges that officers and employees of Contractor are not entitled to unemployment insurance benefits unless Contractor or some entity other than County provides unemployment compensation coverage. f) Contractor acknowledges that he is an independent contractor under the Colorado Workers' Compensation Act and has such insurance, or claims to be exempt from Workers' Compensation coverage because it owns the assets of its own business, manages and controls such business services, has ultimate responsibility for its business decisions and is subject to any profit or loss from such business. Contractor acknowledges, and understands that its officers and employees are not entitled to workers' compensation benefits and that if any such person is injured while performing contractual work for County, such person will not be covered for such injury under Eagle County's Workers' Compensation or any other insurance policy. Contractor will execute any independent Contractor insurance status or other forms electing to be exempt from such coverage as may be requested by County. In addition, if Contractor employs any persons to perform services under this Contract, it will carry adequate Workers' Compensation insurance for such persons. N Agreement between Eagle County and John Collins, Special County Attorney Page 3 g) Contractor shall at all times during contract term keep in force a professional liability /malpractice insurance policy insuring against liability arising from the performance of its obligations hereunder with liability limits per occurrence and in the aggregate as required by Colorado Rules of Civil Procedure, Rule 265 governing professional service companies. Contractor understands that County will provide no such liability insurance. The Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to Eagle County upon execution of the contract. 3.THE PARTIES AGREE that payment pursuant to this Contract is subj ect to and contingent upon the continuing availability of funds for the purpose hereof. The parties, recognizing that the source of the funds for this agreement is from the State of Colorado, agree that if said allocations are diminished, canceled or withdrawn, this agreement may be terminated by County. 4.County agrees: > To determine child eligibility for the services to be provided hereunder and to determine the amount of fee assessment based on placing parent income and Child support guidelines, and as appropriate, to provide information regarding rights to fair hearings. > To provide Contractor with written prior authorization on a child or family basis for the services to be performed hereunder. > To provide Contractor with referral information including names and address of family, social, medical, financial, educational and family structure information as appropriate to the referral. > To monitor the provision of contracted services. > To pay Contractor after receipt of billing statements for services rendered satisfactorily and in accordance with this Contract. 5.Contractor agrees: > Not to assign all or any portion of this Contract. > Not to charge clients any fees related to services provided under this contract. > To hold the necessary license(s) which permits the performance of the services to be provided hereunder, and/or to meet applicable State Department of Human Services qualification requirements. > To comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. > To provide the services described herein at cost not greater than that charged to other persons in the same community. Agreement between Eagle County 3 E and John Collins, Special County Attorney Page 4 > To submit a billing statement in a timely manner, no later than the tenth of the month after services. Failure to do so may result in nonpayment. > To safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and County, and all other applicable, county, state and federal laws, rules, regulations and governmental requirements regarding confidentiality. > To provide access to all records to any duly authorized representative of County, the Colorado Department of Human Services, or any other state or federal agency until the expiration of five (5) years after the final payment under this Contract, involving transactions related to this Contract. > Indemnity. Contractor agrees to protect, defend, and indemnify and hold harmless Eagle County, County, the State of Colorado, and their officers, officials, employees, and agents against any and all losses, penalties, damages, settlements, costs, charges, professional fees, attorney's fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character, in connection with, or arising directly or indirectly, out of Contractor's performance or failure to perform under the terms of this Contract. Without limiting the generality of this Section, in any and all such claims or actions relating to personal injury, or of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative or directive, order, rule or regulation, Contractor shall respond to and defend any such claims or actions at its sole expense with counsel approved by Eagle County and agrees to bear all other costs and expense related thereto, even if such claim is groundless, false or fraudulent. > To notify County immediately of any protective issues that would affect any of the children in the identified client family. All incidents of known or suspected abuse or neglect will be immediately reported to County or other appropriate agency. > To call witnesses for court for open County cases enrolled in this service. > Contractor shall be responsible for complying with the applicable rules and laws governing the practice of law in Colorado, and the Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. Un addition to the foregoing, County and Contractor also agree: a) No third party beneficiaries: nothing in this Contract is intended to name a person or group of persons as third party beneficiaries. The parties hereby expressly deny or disclaim any desire or intent to create any third party beneficiaries and agree the benefits hereunder are intended for the public welfare. 4 10 Agreement between Eagle County and John Collins, Special County Attorney Page 5 b) Notice: Any notice provided herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: Eagle County Dept of Health and Human Services Kathleen Forinash, Director P.O. Box 850 Eagle, Colorado 81631 Contractor: John C. Collins, P.C. P O Box 664 Glenwood Springs, CO 81602 c) Compliance with laws: at all times during the performance of this Contract, Contractor shall strictly observe, comply with, and conform to all applicable federal, state and local laws, ordinances, rules, regulations, governmental requirements, and orders that have been or may hereafter be established. d) Attorney's fees, costs and expenses: anything to the contrary herein notwithstanding, in any action, proceeding or dispute resolution process arising from, out of or in connection with this Contract, the prevailing party shall be entitled to recover from the other party hereto all costs, expenses and reasonable attorney's fees incurred by the prevailing party in connection therewith. e) Conflict of Interest: During the term of this contract, Contractor shall not enter into any third party relationship that either gives the appearance of, or actually creates, a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation or actual conflict of interest, the Contractor shall submit to County a full disclosure statement setting forth the details. Failure to promptly submit a disclosure statement required shall constitute grounds for County to terminate, for cause, its contract with the Contractor. 7.Contractor agrees that pursuant to this contract, he shall accept the position of Special County Attorney for only the purposes specifically enumerated in this Agreement, and in all proceedings herein he shall appear under this agreement as counsel for County, Child Protection Unit, acting as Special County Attorney for Eagle County, Colorado. 8.This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusively in Eagle County, Colorado. 9.This document contains the entire agreement of the parties and may not be amended except in writing signed by both parties. 1O.Termination: Either party may terminate this Contract with or without cause upon thirty (3 0) days prior notification in writing. 5 Agreement between Eagle County and John Collins, Special County Attorney Page 6 11. This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any subject matter hereof except as expressly set forth in this Agreement. 12 Contractor hereby certifies that is has read the agreement, understands each and every term and the requirements set forth herein, and agrees to comply with the same. 13. The Contractor authorizes the County to perform an audit and to make inspections of case files and materials during normal business hours upon 48 hours written notice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, BY ATTEST: and Through Its BOARD OF COUNTY COMMISSIONERS County Commissioners STATE OF COLORADO } SS County of ) By: — -- Michael Gallagher, Cha' The foregoing was acknowledged before me this I L day of 2002, by John C. Collins. WITNESS my hand and official seal. expires MERRY ' BRUtVEY Notary Publ' oF'Cp& 6 My Commission Exom 10/18/2003