HomeMy WebLinkAboutC06-040
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
JOHN COLLINS, P.C., SPECIAL COUNTY ATTORNEY
THIS AGREEMENT is made this 31st day of January, 2006, by and between the County
of Eagle, State of Colorado, a body corporate and politic, by and through its Board of
County Commissioners ("County"), and John Collins, P.C. ("Contractor").
1. TERM
This Agreement shall commence on January 1, 2006 and shall end on December 31, 2006.
2. SCOPE
A. Contractor accepts the position of Special County Attorney for, and only for, the
purposes specifically enumerated in this Agreement, and in all proceedings hereunder he
shall appear as counsel for County Health & Human Services, ("HHS") acting as Special
County Attorney for Eagle County, Colorado.
B. County agrees to purchase, and Contractor agrees to provide, services to County for
cases coming under the jurisdiction of County pursuant to Title 19 of Colorado Revised
Statutes, the Colorado Children's Code, as amended, that require legal determinations, as
well as any advice, counsel, or other representation relating to the normal operation of the
County Child Protection Unit, including initiation of lawsuits for 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.
3. COMPENSATION AND REIMBURSEMENT
County agrees to purchase, and Contractor agrees to provide, up to 267 hours of attorney
services related to Child Dependency and Neglect matters, Adult Protective services,
Foster Care Fee Establishment, and monthly case review with HHS staff at an hourly rate
of $95.00. Contractor will not exceed 267 hours in the 2006 calendar year without the
prior written permission of the Director ofHHS. County also agrees to reimburse
Contractor for transportation costs reasonably and necessarily incurred in the provision of
the above services at a rate of $.345 per mile, up to a maximum of $1 ,060.00. The
maximum amount of fees and transportation costs under this contract is $26,425.00.
Reimbursement of expenses in addition to the above-described fees and expenses will be
limited to actual costs reasonably and necessarily incurred, such as filing fees, service of
process, and court transcripts.
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Contractor shall submit monthly detailed billings to County specifying the case, the hours
and dates of service, and differentiating child welfare and adult protective services.
Mileage reports must specify date and miles. Billings will be paid through 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, except that billings for services provided
through June 30, 2006 must be submitted by July 1, 2006, and billings for services
provided through December 31, 2006 must be submitted by January 8, 2007, in order to be
eligible for reimbursement.
4. TERMINATION
County may terminate this Agreement upon 10 days written notice to Contractor if it is
deemed by County, in its sole discretion, that Contractor is not satisfactorily fulfilling his
responsibilities as specified in this Agreement, or for any other reason. In the event
Contractor files for bankruptcy or is declared bankrupt, County may declare in writing that
this Agreement is terminated, and all rights of Contractor and obligations of County,
except payment for accrued but unpaid fees and expenses, shall terminate immediately.
5. CONTRACTOR'S DUTIES:
A. Contractor shall maintain, for a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance of his responsibilities
hereunder. Contractor is subject to a financial audit by federal, state or county auditors, or
their designees. If an auditor discovers misuse of funds, Contractor shall return said
misused funds to County. Contractor authorizes County to perform audits or to make
inspections during normal business hours, upon 48 hours advance written notice to
Contractor, for the purpose of evaluating performance under this Agreement. Contractor
will allow access to and cooperate with authorized HHS representatives in the observation
and evaluation of the program and records. Contractor shall have the right to dispute any
claims of misuse of funds and seek an amicable resolution with County.
B. In rendering his services hereunder, Contractor shall comply with the highest standards
of professional service. Contractor shall provide appropriate supervision of his employees
and subcontractors to ensure the maintenance of these high standards of client service and
professionalism, the adequacy of performance of such obligation to be determined at the
sole discretion of County.
C. Contractor shall comply with all applicable rules and laws governing the practice of
law in Colorado. Contractor shall be solely responsible for ensuring proper licensing and
credentialing of subcontractors and employees providing services under this Agreement.
D. 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.
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E. Contractor shall safeguard information and confidentiality of the child and the child's
family, and of any adult who is the subject of Adult Protective Services, in accordance
with rules of the Colorado Department of Human Services, HHS, and the Health
Information Privacy and Accountability Act.
F. HHS contractors are considered to be mandatory reporters for suspected child abuse
and neglect and are to make those reports directly to HHS - Youth and Family Services
Division - (970) 328-8840. Such mandatory reports of suspected child abuse or neglect,
include, but are not limited to, abuse or neglect of employees, volunteers and clients.
6. NOTICE
Any notice required under this Agreement shall be given in writing by registered or
certified mail, return receipt requested, addressed as follows:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services John Collins, P.c.
500 Broadway 1416 Grand Ave., Ste. A
Eagle, CO 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.
7. ASSIGNMENT
Contractor has arranged for Sherry A. Caloia, Attorney at Law, to be available to County
as special county attorney in the event Contractor is not available to respond to the duties
of special county attorney as detailed under Section 2. County accepts this assignment of
duties by Contractor for the purposes of emergency coverage of special county attorney
responsibilities hereunder. County requests Contractor to notify County of any and all
instances where Sherry A. Caloia will provide emergency coverage of special county
attorney responsibilities and the anticipated length of that emergency coverage.
With exception of the assignment noted in the preceding paragraph, Contractor shall not
assign any of his rights or duties under this Agreement to a third party without the prior
written consent of County. Contractor understands that any assignment without the prior
written consent of County shall be deemed cause for County to terminate this Agreement.
8. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and
effect the following insurance:
TyPe ofInsurance Coverage Limits
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 County upon execution of the Agreement.
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9. MISCELLANEOUS
A. The parties to this Agreement intend that the relationship of Contractor to County is
that of independent contractor. No agent, employee or volunteer of Contractor shall be
deemed to be an agent, employee or volunteer of County.
B. 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.
C. The invalidity or unenforceability of any 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.
D. Contractor shall indemnify and hold harmless County, its Board of Commissioners and
the individual members thereof, its agencies, departments, officers, agents or employees or
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 or be recoverable from County, its Board of Commissioners and the
individual members thereof, its agencies, departments, officers, agents or employees as a
result of the acts or omissions of Contractor, his employees or agents, in or in part pursuant
to this Agreement or arising directly or indirectly out of Contractor's exercise of his
privileges or performance of his obligations under this Agreement.
E. Contractor shall comply with all applicable laws, resolutions, and codes.
F. Notwithstanding anything to the contrary contained in this Agreement, County shall
have no obligations under this Agreement, nor shall any payments be made to Contractor
in respect of any period after December 31 st of each calendar year during the term of this
Agreement, without appropriation therefore by 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.RS. 29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec.20)G. 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.
H. 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. No alterations, amendments, changes or
modifications to this Agreement shall be valid unless executed by an instrument in writing
signed by both parties.
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1. This Agreement does not, and shall not be deemed or construed to, confer upon or grant
to any third party or parties any right to claim damages or to bring any suit, action or other
proceeding against either Contractor or County because of any breach hereof or because of
any of the terms, covenants, agreements and conditions herein.
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.
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 Contractor.
COUNTY OF EAGLE, STATE OF
COLORADO
BY AND THROUGH ITS BOARD OF
COUNTY COMMISSIONERS
CONTRACTOR:
JOHN COLLINS, P.C.
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