HomeMy WebLinkAboutC14-157 Alison Casias Agreement AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY,COLORADO
AND
ALISON CASIAS,ESQ.
SPECIAL COUNTY ATTORNEY
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THIS AGREEMENT("Agreement")is dated this-ell—day of ,� 2014 by and between
Alison Casias,Esq., Special County Attorney(hereinafter"Contractor")and Eagle County,Colorado, a
body corporate and politic(hereinafter"County").
RECITALS
WHEREAS, the County,through its Department of Health and Human Services("HHS")works to
promote the health, safety and welfare of County residents of all ages;and
WHEREAS,the County uses outside providers and professionals to enhance the ability of County to
promote such health, safety and welfare; and
WHEREAS, County desires to hire the Contractor to perform the Services defined below in paragraph 1;
and
WHEREAS, Contractor is an attorney licensed in the State of Colorado and has the time,skill,expertise,
and experience necessary to provide the Services; and
WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection
with the services.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and
County agree as follows:
1. Services. Contractor agrees to diligently provide all services,labor,personnel and materials
necessary to perform and complete the services described in this paragraph 1 ("Services"). The Services
shall be performed in accordance with the provisions and conditions of this Agreement.
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 Eagle County Health&Human Services, ("HHS")acting as Special County Attorney for
Eagle County,Colorado.
b. Contractor agrees to act as Special County Attorney so as to provide,legal services,
consultation and legal guidance to County for:
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i. cases coming under the jurisdiction of the County pursuant to Title 19 of
Colorado Revised Statutes and 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 Eagle County Child Protection Unit,and
ii. adult protective services including conservatorship and guardianship
proceedings. Duties will include legal representation in court,legal preparation in court,participation in
relevant HHS Team Decision Making meetings and staffings,consultations on new investigations and
potential abuse and neglect cases.
c. Contractor additionally agrees to submit a yearly summary of legal cases and
coordination by January 15,2015, for the preceding year.
d. Contractor agrees to furnish the Services in a timely and expeditious manner consistent
with the applicable standard of care. By signing below Contractor represents that it has the expertise and
personnel necessary to properly and timely perform the Services.
e. Contractor agrees that it will not enter into any consulting or other arrangements with
third parties that will conflict in any manner with the Services.
2. County's Representative. The Health and Human Services Department's designee shall be
Contractor's contact with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence effective January 1,2014,and subject
to the provisions of paragraph 11 hereof,shall continue in full force and effect through the 31St day of
December,2014(the"Term"). The Term of this Agreement may be extended for additional one-year
periods upon written agreement of the parties.
4. Modification. This Agreement may not be amended or supplemented,nor may any obligations
hereunder be waived,except by agreement signed by both parties. No additional services or work
performed by Contractor shall be the basis for additional compensation unless and until Contractor has
obtained written authorization and acknowledgement by County for such additional services.
Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or
implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly
enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be
the basis of any increase in the compensation payable hereunder.In the event that written authorization
and acknowledgment by County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor's rights with respect to such additional services shall be
deemed waived and such failure shall result in non-payment for such additional services or work
performed.
5. Compensation. County shall compensate Contractor for the satisfactory performance of the
Services in an amount not to exceed$75,600.00. County shall pay Contractor on a monthly basis in
equal installments of$6,300.00 per month in accordance with this paragraph 5.
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a. By the 20th day of each month during the Term,Contractor shall submit an invoice
setting forth the installment due for that month,together with a monthly report detailing hours spent and
tasks performed during the prior month on child and adult protection cases. If County is not satisfied
with the completeness of a submitted report,County may request Contractor to either revise the report or
provide additional information. Payment will be made for Services satisfactorily performed within thirty
(30)days of receipt of a proper and accurate invoice and monthly report.
All invoices and reports must be mailed or delivered in-person to the following address to ensure
proper payment.
Eagle County Health and Human Services
Business Office
550 Broadway
Post Office Box 660
Eagle, CO 81631
b. Contractor shall not be compensated for any out-of-pocket expenses,time spent traveling
or for mileage. Contractor shall not be entitled to bill at overtime and/or double time rates for work done
outside of normal business hours unless specifically authorized in writing by County.
c. If,prior to payment of compensation or reimbursement for Services but after submission
to County of a request therefore by Contractor, County reasonably determines that payment as requested
would be improper because the Services were not performed as prescribed by the provisions of this
Agreement,the County shall have no obligation to make such payment.If, at any time after or during the
term or after termination or expiration of this Agreement,County reasonably determines that any
payment theretofore paid by County to Contractor was improper because the Services for which payment
was made were not performed as set forth in this Agreement,then upon written notice of such
determination and request for reimbursement from County,Contractor shall forthwith return such
payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by
County,if any,shall forthwith be returned to County.
d. All funds received by Contractor under this Agreement shall be or have been 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.
e. County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
f. Notwithstanding anything to the contrary contained in this Agreement,County shall have
no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any
period after December 31 of any year,without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the
Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et.seq.)and the
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TABOR Amendment(Colorado Constitution,Article X, Sec.20).
6. Sub-Contractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
sub-contractor agreements for the performance of any of the Services or additional services without
County's prior written consent,which may be withheld in County's sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject project during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion,shall be assigned to the project. Contractor shall require each sub-contractor,as approved by
County and to the extent of the Services to be performed by the sub-contractor,to be bound to Contractor
by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor,by this Agreement,assumes toward County. County shall have the right(but not the
obligation)to enforce the provisions of this Agreement against any sub-contractor hired by Contractor
and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and
omissions of its agents, employees and sub-contractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i.
Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than$1,000,000 each accident
combined bodily injury and property damage liability insurance,including coverage for owned,hired, and
non-owned vehicles.
iii. Professional liability insurance with prior acts coverage for all Services required
hereunder,in a form and with an insurer or insurers satisfactory to County,with limits of liability of not
less than$1,000,000 per claim and$2,000,000 in the aggregate. In the event the professional liability
insurance is on a claims-made basis, Contractor warrants that any retroactive date under the policy shall
precede the effective date of this Agreement. Continuous coverage will be maintained during any
applicable statute of limitations for the Services provided that the coverage is commercially available at a
reasonable premium. Contractor shall provide thirty(30)days' notice to County prior to cancelling such
insurance during the applicable statute of limitations period.
b. Other Requirements.
i. The coverage as indicated above shall be endorsed to include Eagle County,its
associated or affiliated entities,its successors and assigns,elected officials,employees,agents and
volunteers as additional insureds.
ii. Contractor's certificates of insurance shall include sub-contractors as additional
insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for
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each sub-contractor. All coverage(s)for sub-contractors shall be subject to the same minimum
requirements identified above. Contractor and sub-contractors,if any, shall maintain the foregoing
coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by
Contractor and its sub-contractors until the applicable statute of limitations for the Services has expired
provided that the coverage is commercially available at a reasonable premium.
iii. Insurance shall be placed with insurers duly licensed or authorized to do business
in the State of Colorado and with an"A.M.Best"rating of not less than A-VII.
iv. Contractor's insurance coverage shall be primary and non-contributory with
respect to all other available sources. Contractor's policy shall contain a waiver of subrogation against
Eagle County.
v. All policies must contain an endorsement affording an unqualified thirty(30)
days'notice of cancellation to County in the event of cancellation of coverage.
vi. All insurers must be licensed or approved to do business within the State of
Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein.
vii. Contractor's certificate of insurance evidencing all required coverage(s)is
attached hereto as Exhibit A. Upon request, Contractor shall provide a copy of the actual insurance
policy and/or required endorsements required under this Agreement within five(5)business days of a
written request from County, and hereby authorizes Contractor's broker,without further notice and
authorization by Contractor,to immediately comply with any written request of County for a complete
copy of the policy.
viii. Contractor shall advise County in the event the general aggregate or other
aggregate limits are reduced below the required per occurrence limit. Contractor,at its own expense,will
reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new
certificate of insurance showing such coverage.
ix. If Contractor fails to secure and maintain the insurance required by this
Agreement and provide satisfactory evidence thereof to County,County shall be entitled to immediately
terminate this Agreement.
x. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
xi. The parties hereto understand and agree that the County is relying on,and does
not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act,as from time to
time amended, or otherwise available to County,its affiliated entities,successors or assigns,its elected
officials,employees,agents and volunteers.
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xii. Contractor is not entitled to workers' compensation benefits except as
provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal
and state income tax on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its
officers,agents and employees against any losses,claims,damages or liabilities for which County may
become subject to insofar as an such losses,claims, damages or liabilities arise out of,directly or
indirectly,this Agreement, or are based upon any performance or nonperformance by Contractor or any
of its sub-Contractors hereunder including claims for bodily injury or personal injury including death,or
loss or damage to tangible or intangible property;and Contractor shall reimburse County for reasonable
attorney fees and costs,legal and other expenses incurred by County in connection with investigating or
defending any such loss, claim,damage,liability or action. This indemnification shall not apply to claims
by third parties against the County to the extent that County is liable to such third party for such claims
without regard to the involvement of the Contractor. This paragraph shall survive expiration or
termination hereof.
9. Ownership of Documents. All documents prepared by Contractor in connection with the Services
shall become property of County. Contractor shall execute written assignments to County of all rights
(including common law, statutory,and other rights,including copyrights)to the same as County shall
from time to time request. For purposes of this paragraph,the term"documents"shall mean and include
all reports,plans, studies,tape or other electronic recordings,drawings,sketches,estimates,data sheets,
maps and work sheets produced,or prepared by or for Contractor(including any employee or
subcontractor in connection with the performance of the Services and additional services under this
Agreement).
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)
personally delivered,or(ii)when mailed in the United States mail, first class postage prepaid, or(iii)
when delivered by FedEx or other comparable courier service, charges prepaid,to the parties at their
respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide
facsimile machine or other confirmation showing the date,time and receiving facsimile number for the
transmission,or(v)when transmitted via e-mail. Either party may change its address for purposes of this
paragraph by giving five(5)days prior written notice of such change to the other party.
COUNTY:
Eagle County,Colorado
Health&Human Services
Attention: Holly Kasper-Blank
500 Broadway
Post Office Box 660
Eagle,CO 81631
Telephone: 970-328-8812
Facsimile: 970-328-
Email: holly.kasper(aieaglecounty.us
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With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle,Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-Mail: atty@eaglecounty.us
CONTRACTOR:
Alison Casias,Esq.
P.O.Box 373
Dillon,CO 80435
Telephone:
Facsimile:
Email:
11. 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 County 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 termination of this Agreement.
12. Venue.Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to
this Agreement,or breach thereof, shall be litigated in the District Court for Eagle County,Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
13. Execution by Counterparts:Electronic Signatures. This Agreement may be executed in two or
more counterparts,each of which shall be deemed an original,but all of which shall constitute one and
the same instrument. The parties approve the use of electronic signatures for execution of this
Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to
this Agreement:(i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii)
the image of the signature of an authorized signer inserted onto PDF format documents. All documents
must be properly notarized,if applicable. All use of electronic signatures shall be governed by the
Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121.
14. 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 1. County accepts this assignment of duties by
Contractor for the purposes of emergency coverage of special county attorney responsibilities hereunder.
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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 this paragraph 14,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.
15. Contractor Duties and Other Contract Requirements.
a. In rendering the Services hereunder,Contractor shall comply with the highest standards
of customer service to the public. Contractor shall provide appropriate supervision of its employees to
ensure the maintenance of these high standards of customer service and professionalism are maintained.
The performance of such obligation shall be determined at the sole discretion of County. In the event
County finds these standards of customer service are not being met by Contractor, County may terminate
this Agreement,in whole or in part,upon seven(7)days'notice to Contractor.
b. Contractor shall be responsible for the completeness and accuracy of the Services,
including all supporting data or other documents prepared or compiled in performance of the Services,
and shall correct,at its sole expense,all significant errors and omissions therein. The fact that the County
has accepted or approved the Services shall not relieve Contractor of any of its responsibilities.
Contractor shall perform the Services in a skillful,professional and competent manner and in accordance
with the standard of care,skill and diligence applicable to Contractors performing similar services. This
paragraph shall survive termination of this Agreement.
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c. 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.
d. 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 Child Abuse and
Adult Protective Services Hotline(970)328-7720). Such mandatory reports of suspected child abuse or
neglect,include,but are not limited to,abuse or neglect by employees,volunteers and clients.
e. Information provided by the County for purposes of this Agreement shall be used only
for the purpose intended and in accordance with federal and state laws and regulations.
f. 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.
g. Contractor agrees to work in an expeditious manner,within the sound exercise of its
judgment and professional standards,in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
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h. This Agreement constitutes an agreement for performance of the Services by Contractor
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture
or any other relationship between County and Contractor except that of independent contractor.
Contractor shall have no authority to bind County.
i. Contractor represents and warrants that at all times in the performance of the Services,
Contractor shall comply with any and all applicable federal and state laws,codes,rules and regulations.
j. Contractor shall at all times during the term of this Agreement strictly adhere to all
applicable federal and state laws and implementing regulations as they currently exist and may hereafter
be amended,including,but not limited to,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,
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national origin or handicap.
k. 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.
1. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
m. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties,and not to any third party.
n. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
o. The invalidity,illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
p. Contractor shall maintain for a minimum of three years,adequate financial and other
records for reporting to County. Contractor shall be subject to financial audit by federal,state or county
auditors or their designees. Contractor authorizes such audits and inspections of records during normal
business hours,upon 48 hours'notice to Contractor. Contractor shall fully cooperate during such audit or
inspections. If an auditor discovers misuse of funds,Contractor shall return said misused funds to County
immediately upon demand.The Contractor shall submitTmancial,program progress and other reports as
requested by the Department or the Colorado Department of Human Services.
q. The signatories to this Agreement aver to their knowledge,no employee of the County
has any personal or beneficial interest whatsoever in the Services or Property described in this
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Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner
or degree with the performance of the Services and Contractor shall not employ any person having such
known interests.
r. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and
affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United
States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to
the effective date of this Agreement.
s. 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.
t. 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.
16. Federal Tax Information.
a. In performance of this Agreement, Contractor agrees to comply with and assume
responsibility for compliance by his or her employees with the following requirements:
i. All work will be performed under the supervision of the Contractor or the
Contractor's responsible employees.
ii. Any Federal tax returns or return information(hereafter referred to as returns or
return information)made available to Contractor shall be used only for the purpose of caning out the
provisions of this Agreement. 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 Agreement. Inspection by or disclosure to anyone other than an officer or employee
of the contractor is prohibited.
iii. 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.
iv. No work involving returns and return information furnished under this
Agreement will be subcontracted without prior written approval of the IRS.
v. Contractor will maintain a list of employees authorized access. Such list will be
provided to the County and,upon request,to the IRS reviewing office.
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vi. The County will have the right to terminate this Agreement immediately if the
Contractor fails to provide the safeguards described above.
b. Criminal/Civil Sanctions
i. 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.
ii. 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.
iii. 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.
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iv. Granting a contractor access to IRS information must be preceded by certifying
that each individual understands the County's security policy and procedures for safeguarding IRS
information. Contractors must maintain their authorization to access IRS information through annual
recertification.The initial certification and recertification must be documented and placed in the County'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
i. The IRS and the County shall have the right to send its officers and employees
into the offices of the Contractor for inspection of operations provided for the performance of any work
under this Agreement. On the basis of such inspection,specific measures may be required in cases where
the Contractor is found to be noncompliant with Agreement safeguards.
16 . Prohibitions on Government Contracts.
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 Agreement. By execution of
this Agreement,Contractor certifies that it does not knowingly employ or contract with an illegal alien
who will perform under this Agreement 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 Services under this
Agreement.
a. Contractor shall not:
i. Knowingly employ or contract with an illegal alien to perform Services under
this Agreement;or
ii. Enter into a subcontract that fails to certify to 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 Services under this Agreement 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:
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http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm
c. 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 Contractor obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be
required to:
i. Notify the subcontractor and County within three (3) days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
ii. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to subparagraph (1) of the paragraph (d) the subcontractor does not stop
employing or contracting with the illegal alien; except that Contractor shall not terminate the contract
with the subcontractor if during such three (3) days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien.
e. 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 Contractor violates these prohibitions,County may terminate the Agreement for breach
of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement,
Contractor shall be liable for actual and consequential damages to County as required by law.
g. County will notify the Colorado Secretary of State if Contractor violates this provision
of this Agreement and County terminates the Agreement for such breach.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth
above.
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF COUNTY
COMMISS d• ERS
By: A_ /-
J. ian H. Ryan, Chai an
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ATTEST:
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By: • w *
Teak J. Simoi on, %et►o°
Clerk to the Board of
County Commissioners
CONTRACTOR:
AI4ISON CASIAS, ESQ.
Print Name: f\ H ' i L ,, .) i (.t.>>
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Signature 1 I .', ''! i f'1; ,L) —„-
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MELINDA DOWN \'
Notary Public �_ ._
State of Colorado
My Commission Expires ires__ Z--'_?S_l (f
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CNA
LAWYERS PROFESSIONAL LIABILITY POLICY
DECLARATIONS
Agency: Branch: Policy Number: Insurance is provided by Continental Casualty Company,
737217 912 268101656 333 S.Wabash Ave.Chicago IL 60604
A Stock Insurance Company.
1. NAMED INSURED AND ADDRESS: NOTICE TO POLICYHOLDERS:
Alison D.Casias,LLC This is a Claims Made and Reported policy. It applies only to
0055 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.
•
2. POLICY PERIOD:
Inception:04/26/2013 Expiration:04/26/2014
at 12:01 A.M.Standard Time at the address shown above
3. LIMITS OF LIABILITY: Each Claim:$500,000
Inclusive 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:
CO Bar Membership Credit $ 0.00
Annual Premium: $750.00
Total Amount: $750.00
Includes CNA Risk Control Credit of $ 0.00
Includes Net Protect Premium,see coverage endorsement if applicable
6. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION:
G-118011-A(Ed. 12/2011),G-118012-A(Ed.03/1999),G-118029-A(Ed.04/2008),G-118039-A05(Ed.05/2008),G-
118040-A05(Ed.09/1996),G-118041-A05(Ed.09/1996),0-145184-A(Ed.06/2003)
7. WHO TO CONTACT: To report a claim:
CNA Specialty Claim
P.O.Box 8317 Chicago,IL 60680-8317
Email:LPLNewClaims @cna.com
Fax:866-419-6308/Online:www.cna.com/claims
Lawyers Claim Reporting Questions:800-540-0762
,
04/11/2013
Authorized Representative Date
G-118012-A(Ed.03/99)
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