No preview available
HomeMy WebLinkAboutC13-075 Alison Casias Agreement AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND ALISON CASIAS, ESQ. SPECIAL COUNTY ATTORNEY THIS AGREEMENT is made this ' 1 day of ,I (Li ` 2013 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 Alison Casias, Esq. ( "Contractor "). WITNESSETH: Whereas, County, through its Department of Health and Human Services ("HHS") or ( "Department "), works to promote the health, safety and welfare of County residents of all ages; and Whereas, among the services County provides in order to promote such health, safety and welfare are child protection and adult protection services; and Whereas, the use of outside providers of such services enhances the ability of the County to promote such health, safety and welfare; and Whereas, Contractor is a provider of legal services related to child protection matters and wishes to contract with County to provide such services to the County in need thereof. AGREEMENT Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor enter into this Agreement. I. TERM This Agreement shall commence on January 1, 2013 and, unless earlier terminated as stated herein, shall end on December 31, 2013 and can be renewed for additional terms on the same conditions as stated herein upon the written agreement of the parties. II. 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 she 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 act as Special County Attorney so as to provide, legal services, consultation and legal guidance to County for: i) 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, and 1 ii) adult protective services including conservatorship and guardianship proceedings. III. COMPENSATION AND REIMBURSEMENT A. The fixed price for this Contract is $51,600 per year. Monthly payments shall be made to Contractor subject to the following: i) County agrees to purchase, and Contractor agrees to provide child protection services as set forth in Section II (Scope) paragraphs B.i hereof at a flat fee rate of $4,300.00 per month. Contractor shall submit detailed monthly report showing work performed during the previous month on child and adult protection cases. Reports shall be submitted prior to payment being disbursed. ii) Contractor shall not be compensated for time spent traveling or for mileage. IV. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that she does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm C. The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal 2 alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. V. TERMINATION Either party may terminate this Agreement with or without cause upon 30 days written notice to the other. Upon such termination Contractor shall furnish the County, as property of the County, all documents, property, records and pertinent information which the Department provided under this Agreement or which are obtained or prepared, either partially or wholly, in the performance of services under this agreement. Upon receipt of said items, the County shall pay the Contractor a prorated amount for work.performed through the date of this Agreement. All rights of Contractor and obligations of County, except payment for accrued but unpaid fees and expenses, shall terminate immediately. VI. CONTRACTOR'S DUTIES A. The Contractor shall maintain such records as are deemed necessary pursuant to the Colorado Department of Human Services' rules to assure a proper accounting for all costs and funds collected. These records shall be made available for audit purpose to the U.S. Department of Health and Human Services, the State Department, or the County Department, and shall be retained for three (3) years after the expiration of this agreement or after an audit is completed unless permission to destroy them is granted by the Colorado Department of Human Services. The Contractor shall submit financial, program progress and other reports as requested by the Department or the Colorado Department of Human Services. 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 3 funds and seek an amicable resolution with County. B. In rendering the services hereunder, Contractor shall comply with the highest standards of professional service. Contractor shall provide appropriate supervision of her 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 safeguard information and confidentiality of the child and the child's family or of any adult who is the subject of either Child Protective Services or Adult Protective Services, in accordance with rules of the Colorado Department of Human Services, HHS, and the Health Information Privacy and Accountability Act. E. HHS contractors are considered to be mandatory reporters for suspected child abuse and neglect and are to make those reports directly to HHS - Children and Family Services Department - (970) 328 -8840. Such mandatory reports of suspected child abuse or neglect, include, but are not limited to, abuse or neglect by employees, volunteers and clients. F. Information provided by the Department for purposes of this Agreement shall be used only for the purpose intended and in accordance with federal and state laws and regulations. G. None of the funds, materials, property, personnel or services contributed by the United States, the State of Colorado, the Colorado Department of Human Services or the Department under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office in a manner which would constitute a violation of five (5) U.S.C. Sections 1501 et. seq. H. The Contractor shall provide for the security of information collected pursuant to this Agreement and as provided in the rules and regulations of the Colorado Department of Human Services. This includes protection of the confidentiality of all records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Agreement. I. The Contractor shall at all times during the execution of this Agreement strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be amended. This includes, without limitation, Title IV -D of the Social Security Act (Title 45 Code of Federal Regulations), Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Education Amendments of 1972, and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, handicap, age, sex and religion. 4 J. The Contractor shall at all times during the execution of this Agreement comply with all applicable state laws and regulations relating to child protection matters including, but not limited to, Volume VII of the Colorado Code of Regulations and. K. The Contractor is solely responsible for the conduct of individuals employed by and under the direct supervision or control of the Contractor. VI. Federal Tax Information A. In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: (1) All work will be performed under the supervision of the Contractor or the Contractor's responsible employees. (2) Any Federal tax returns or return information (hereafter referred to as returns or return information) made available shall be used only for the purpose of carrying out the . provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone other than an officer or employee of the contractor is prohibited. (3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output and products will be given the same level of protection as required for the source material. (4) No work involving returns and return information furnished under this contract will be subcontracted without prior written approval of the IRS. (5) The Contractor will maintain a list of employees authorized access. Such list will be provided to the Department and, upon request, to the IRS reviewing office. (6) The Department will have the right to void the Contract if the contractor fails to provide the safeguards described above. B. CRIMINAL /CIVIL SANCTIONS (1) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of Page 100 unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431and set forth at 26 CFR 301.6103(n) -1. 5 (2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and 7431. (3) Additionally, it is incumbent upon the Contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i) (1), which is made applicable to contractors by 5 U.S.C. 552a (m) (1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to Department records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the Department's security policy and procedures for safeguarding IRS information. Contractors must maintain their authorization to access FTI through annual recertification. The initial certification and recertification must be documented and placed in the Department's files for review. As part of the certification and at least annually afterwards, contractors should be advised of the provisions of IRC Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec. 7431 Civil Damages for Unauthorized Disclosure of Returns and Return Information and Exhibit 5; IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. For both the initial certification and the annual certification, the contractor should sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements. C. INSPECTION The IRS and HHS shall have the right to send its officers and employees into the offices and plants of the Contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific 6 measures may be required in cases where the Contractor is found to be noncompliant with contract safeguards. VII. 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 Alison Casias, Esq. 500 Broadway P.O. Box 373 Eagle, CO 81631 Dillon, CO 80435 Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the United States Postal Service. VIII. ASSIGNMENT Contractor has arranged for John Collins, 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 John Collins 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 her 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. IX. INSURANCE At all times during the term of this Agreement, Contractor shall maintain in full force and effect the following insurance: Type of Insurance 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. X. 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 7 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 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, her employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of her privileges or performance of her 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 31st 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.R.S 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. I. 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. K. The signatories aver that to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this 8 Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services under this Agreement and Contractor shall no employ any person having such known interests. L. The Contractor, a natural person eighteen (18) years or older, hereby swears and affirms under penalty of perjury that he or she is (a) a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et. seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOfkRD OF COUNTY COMMISSIONERS By: :> •r� Stavney, Chairman - o oe. ATTEST: B y: 1 . r • c Teak J. Simo 'on, °i °pro Clerk to the Board of County Commissioners - , u31 CONTRACTOR: • B Y .:. % .I � �� ALA Alison ► asi : :, Esq. U t - VP-e- Uv ■. t Q�ru°v'' l` 20 . e, O MELINDA DOW Notary Public State of Colorado • My Commissior. Expires s1?320lle_ 9 'HA LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS Aencv: Branch: Policy Number. Insurance is provided by Continental Casualty Company, 737217 912 268101656 333 S. Wabash Ave. Chicago [L 60604 A Stock Insurance Company. IA. NAMED INSURED AND ADDRESS: NOTICE TO POLICYHOLDERS: Alison D. Casias, LLC This is a Claims Made and Reported policy. It applies only to 55 Cottonwood Drive those claims that are both first made against the insured and Dillon, CO 80435 reported in writing to the Company during the policy period. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 10. PREDECESSOR FIRM(S): See Declarations Addendum 2. POLICY PERIOD: Inception: 04 /26/2012 Expiration: 04/26/2013 • at 12:01 R.M. Standard Time at the address shown above 3. LIMITS OF LIABILITY: Each Claim: $500,000 Inc!usive of Claims Expenses Aggregate: $500,000 Death or Disability and Non- Practicing Each Claim: $500,000 Extended Reporting Period Limit of Liability: Aggregate: $500,000 4. DEDUCTIBLES: Aggregate: $1,000 Inclusive of Claims Expenses 5. POLICY PREMIUM: CCU Bar Membership Credit $ 0 Annual Premium: S 750.00 Total Amount: $ 750.00 Includes CNA Risk Management Seminar Credit of $ 0 Includes Net Protect Premium, see coverage endorsement if applicable 6. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION: 0- 118011-A (Ed. 08/2009), G-1 18012-A (Ed. 03/1999), G -1 I 8029-A (Ed. 04/2008), 0- 118039 -A05 (Ed. 05/2008), G- 118040-A05 (Ed. 09/1996), 0- 118041 -A05 (Ed. 09/1996), G- 145184 -A (Ed. 06/2003), GSL -I 1512 -XX (Ed. 10/2008), GSL- 1 2439-XX (Ed. 03/2009) 7. WHO TO CONTACT: To report a claim: CNA Specialty Claim P.O. Box 8317 Chicago, II.. 60680-8317 Email: LPLNewClaims@cna.com cna.com Fax: 866 -419 -6308 / Online: www.cna.com/claims Lawyers Claim Reporting Questions: 800 -540 -0762 CIO ex.L. 04/13/2012 Authorized Representative Date G- 118012 -A {Ed. 03/99) Page