HomeMy WebLinkAboutC11-395 Alison CasiasAGREEMENT BETWEEN THE COUNTY OF
EAGLE, STATE OF COLORADO AND
ALISON CASIAS, ESQ:
SPECIAL COUNTY ATTORNEY
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THIS AGREEMENT is made this day of December, 20L 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 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, 2012 and shall end on December 31, 2012.
Such term shall renew automatically for successive one year terms under the same
conditions as stated herein unless earlier terminated as set forth herein.
II. SCOPE
A. Contractor accepts the position of Special County Attorney for, and only for, the
purposes specifically enwnerated 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 provide, legal services and advice
to County for:
i) act as Special County Attorney in 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
ii) adult protective services including conservatorship and guardianship proceedings.
III. COMPENSATION AND REIMBURSEMENT
The fixed price for this Contract is $51,600. Monthly payments shall be made to Contractor
subject to the following:
County agrees to purchase, and Contractor agrees to provide child protection services as set
forth in Section II (Scope) paragraphs BJ hereof at a flat fee rate of $4,300.00 per month.
Contractor shall submit detailed invoices on a monthly basis including time sheets to
substantiate billing on child and adult protection cases. Contractor shall not be
compensated for time spent traveling or for mileage.
Contractor shall submit an itemized monthly billing to the Department for all costs incurred
in accordance with the rules and regulations of the Colorado Department of Human Services.
The Contractor shall submit all itemized monthly invoices to the Department prior to the
sixth (6°i) day of the month following the month the cost was incurred. Invoices must be
signed by Contractor.
The County shall not be billed for and reimbursement shall not be made for, time involved
in activities outside of those defined in Section II (Scope) hereof.
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.-,ov/xprevprot/proerams/ge 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
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 property, records and pertinent information which the Department
provided under this Agreement. Upon receipt of said items, the County shall pay the
Contractor for actual costs incurred 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.
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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 the 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 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.
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
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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.
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.
L. Federal Tax Information
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.
VI. CRIMINAUCIVIL 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.
(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.
VII. 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
measures may be required in cases where the Contractor is found to be noncompliant with
contract safeguards.
VIII. 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.
IX. 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.
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At all times during the term of this Agreement, Contractor shall maintain in Rill 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.
XI. 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
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 31 st of each calendar year during the tern 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 instnurrent 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
set forth above.
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COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF COUNTY
CO SSI ERS
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Jon taAey, Chai a
ATTEST:
By:
Teak J. Simont n,
Clerk to the Board of
County Commissioners
CONTRACTOR:
By::-
'Alison a §' Esq.
S'sg�t� Mary �t€a as tP WI
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