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HomeMy WebLinkAboutC03-029 John Collins AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND JOHN COLLINS, SPECIAL COUNTY ATTORNEY THIS AGREEMENT made this 28th day of 7anuary, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, ("County") and, John Collins, hereinafter "Contractor." 1. AGREEMENT This Agreement shall commence on January 1, 2003 and shall end on December 31, 2003. 2. SCOPE A. Contractor agrees that pursuant to this contract, he shall accept the position of Special-County Attorney for only the purposes specifidally enumerated in this Agreement, and in all proceedings herein he shall appear under this agreement as counsel for County, Child-Protection Viet; acting as Special County Attorney for EagleCounty, Colorado. B. County agrees to purchase and Contractor agrees to provide services to County at~such time as cases conung.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. C. County agrees to purchase and Contractor agrees to furnish up to 203 hours of attorney services related to Child Dependency and Neglect services; Adult Protective services; and, Foster Care Fee Establishment at an hourly rate of $90.00. The Contractor will not exceed 203 hours in the 2003 calendar year without the prior permission of the Director of ECHHS. All fee amounts shall be in addition to actual costs reasonably and necessarily incurred, such as filing fee, service of process, and court transcripts. The County also agrees to reimburse the Contractor for transportation costs incurred in the provision of the above services at a rate of $.345 per mile for a maximum of $ 1060. 3. TERNIINATION The County may terminate this Agreement upon ten (10) days written notice to Contractor if it is deemed by the County in its sole discretion, that the Contractor is not fulfilling the program as specified in this Agreement, or for any other reason. Upon such termination any unexpended funds shall be returned to the County. In addition, any funds not properly expended according to project objectives shall be returned by Contractor to County. In the event the Contractor becomes insolvent, is declared bankrupt or dissolves, the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall terminate and cease immediately. • ~ Agreement between the County of Eagle and John Collins, Attorney 4. CONTRACTOR'S DUTIES: The Contractor shall comply with the following requirements: A. All funds received by Contractor under this Agreement shall be expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. B. Contractor shall maintain adequate financial and programmatic records for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three years and maybe subjected to an audit by federal, state or county auditors or their designees, as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. The Contractor. hereby authorizes the County to perform audits or to make inspections during normal business hours upon 48 hours notice to Contractor, for the purpose of evaluating performance .under this Agreement. The Contractor will allow access to and cooperate with authorized Health & Human Services representatives in the observation and evaluation of the program and records. .. C. Customer Service/Termination : In rendering its services, Contractor-shall comply with the highest standards of customer service to the public: Contractor shall maintain a close check over: its employees to ensue the maintenance of these high'standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of the County. In the event that the County finds these standards of customer service are not being met by the'Contractor, the County may terminate this Contract, in whole or in part, upon providing thirty (30)~days notice to the Contractor. ' D. The Contractor shall comply with all applicable rules and laws governing the practice of law in Colorado. The Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. E. Contractor shall 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. F. Contractor shall safeguard information and confidentiality of the child and the child's family in accordance with rules of the Colorado Department of Human Services and Eagle County Health and Human Services. G. The Contractor will notify Eagle County Health & Human Services immediately of all reports of suspected child abuse or neglect involving the Contractor, including, but not limited to, employees,, volunteers and clients. Health & Human Services contractors are considered to be "mandatory reporters" for suspected child abuse and neglect and are to make those reports of instances occurring in Eagle County directly to Eagle County Health & Human Services -Adult and Family Services Division - (970) 328-8840. 2 ~ • Agreement between the County of Eagle and John Collins, Attorney Ii. The Contractor shall submit monthly billings to the County. Billings will be paid through the County's usual bill paying process. Billings must be submitted by the fifth working day of the subsequent month in order to be eligible for reimbursement, ezcept that billings for services provided through June 30, 2003 must be submitted by July 3, 2003 in order to be eligible for reimbursement. 5. NOTICE: Any notice required under this Agreement shall be given in writing by registered or certified mail, return receipt requested which shall be addressed as follows: THE COUNTY: THE CONTRACTOR: Eagle County Health & Human Services John C. Collins, P.C. Post Office Box 660 P O Box 664 Eagle, C0 81631 Glenwood Springs, CO 81602 Notice shall be deemed. given three (3) days after the date of deposit in a regular depository of the United States Postal Service. 6. ASSIGNMENT The Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. Any assignment without the prior written consent of County shall cause this Agreement to terminate. 7. MODIFICATION Any revision, amendment or modification to this Agreement, shall only be valid if in writing and signed by all parties. 8. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Professional Liability Insurance $ 500,000 per occurrence 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 Agreement. 9. MISCELLANEOUS: A. The parties to this Agreement intend that the relationship of the Contractor to the County is that of independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. • • Agreement between the County of Eagle and John Collins, Attorney C. In the event of litigation in connection with this Agreement, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. D. The invalidity or unenforceability ofany provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, incident thereto which may accrue against, be charged to orbe recoverable from the County, its Board of ' Commissioners, and the individual members thereof, its agencies, departments,. officers, agents, employees, servants and its successors, as a result of the acts or omissions of Contractor, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its privileges or performance of its obligations under this Agreement. F. The Contractor shall comply with all applicable laws, resolutions, and codes. G. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31st of each calendar year during the term of this Agreement, without the appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). H. 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 exclusive in Eagle County, Colorado. I. This Agreement supersedes all previous communications, negotiations and/or agreements 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 of the subject matter hereof except as expressly set forth in this Agreement. J. Contractor hereby certifies that it has read the Agreement, understands each and every term and the requirements set forth herein, and agrees to comply with the same. 4 • • Agreement between the County of Eagle and John Collins, Attorney IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. The parties hereto have signed this Agreement in triplicate. Two counterparts have been delivered to County and one to the Contractor. ATTEST: ®~ _ ~ _® .~ COUNTY OF EAGLE, STATE OF COLORADO, BY and Through Its BOARD OF COUNTY CONIlVIISSIONERS Clerk to the Board of -County Commissioners By: Chairman CONTRACTOR: John C. Collins By: John .Collins