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HomeMy WebLinkAboutbocc.res.159.2010 coNTncT #' y /� A RESOLUTION OF THE BOARD OF COUNTY COMivIISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING A CONTRACT FOR PROVISION OF LEGAL SERVICES RESOLUTION NO. /59 -2010 I. The Colorado Children's Code and other provisions of Colorado law charge the County with reaponability for providing certain child welfare and other human services to its residents. State funding supports much of this work by the County's Department of Human Services. The County Attorney's Office provides legal services in won with these matters. 2. The attached contract provides for reimbursement from the State of Colorado for such legal services. It is in the best interests of the County to obtain such reimbursement. NOW, THERE FORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the contract for provision of legal services attached hereto as Exhibit A is hereby approved, and all signatories are authorized to execute it. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 1" DAY OF DECEMBER OF 2010. NOTICE OF PUBLIC IWARBIG PUBLISHED IN THE ASPEN TINES WEEKLY ON THE fa DAY OF L4 idtr 2010. PUBLIC HEARING AND SECOND READING ON THE 15" DAY OF DECEMBER 2010. PUBLIS ADOPTION IN THE ASPEN TIMES WEEKLY ON THE ego DAY OF 1 toad:we, 2010. T: BOARD OF COUNTY COMMISSIONERS OF' 1 COUNTY, C 1 LORADO 1 , c r/, B /. '...i: I , J ones George .1. Clerk & Reco „ . Chairman a. Date: j aiail APPROVED AS TO FORM: MANAGER APPROVAL: L Jobn . w 'Attorney Phylis attiee, Acting County Manager 42.qo -2EIL0 (S)wi a % oil -Az cizot-) . t r 5 c t -Loto CONTRACT FOR PROVISION OF LEGAL SERVICES L Thi Contract for Provision of Legal Services, made and entered into this \ 11 day of � 2010, is by and between the Pitkin County Board of County Commissioners (her after "County "), 530 E. Main Street, Third Floor, Aspen, CO 81611 Pitkin County Department of Human Services (hereinafter "Department ") 405 Castle Creek Road, Aspen, CO 81611 and the Pitkin County Attorney (hereinafter "Attorney ") 530 E. Main St. Ste. 302, Aspen, CO 81611. RECITALS 1. The Department is a subsidiary entity of the County which is charged by state law with providing certain services for which reimbursement from the State of Colorado is available. The legal needs of the Department are such as to warrant representation by the Attorney. The Department wishes to contract with the Attorney to provide legal services in all legal matters concerning child welfare and adult protection, including but not limited to: a) child relinquishment, b) dependency and neglect proceedings, c) children in need of oversight proceedings, d) delinquency and other juvenile and child protection proceedings, e) adult protection proceedings, f) administrative hearings, g) such other legal services as may be requested from time to time by its Director; and h) Representation for the People of the State of Colorado in all actions filed under Articles 1, 3 and 5 of the Colorado Children's Code and as applicable in actions concerning adult protective services, 26 -3 -1 -101 et seq. 2. The Attorney and the Assistant Attorney for Pitkin County have in the past provided such services and can continue to provide such services. Provided, however, that in doing so the Attorneys must observe all ethical restrictions imposed upon them by the Colorado Rules of Professional Conduct, Rule 11 of the Colorado Rules of Civil Procedure, and other applicable laws, canons, regulations, rules, and guidelines. The parties recognize that in certain matters, including but not limited to those in which the Attorney represents the People of the State of Colorado, conflicts may prevent the Attorney from representing the Department and preclude the existence of an attorney - client relationship respecting those matters. 1 3. The Department desires to continue to receive such legal services during State fiscal year 2011 and continuing into the foreseeable future. Colorado State Department of Human Services regulations require contracts for the purchase of services to set forth definite terms and conditions. NOW, THEREFORE, in mutual consideration of the covenants and provisions set forth below, it is agreed: 1. Scone of Services. The Attorney, by and through the County Attorney and Assistant County Attorney, agrees to render legal services and advice for Pitkin County Human Services relating to: a) child relinquishment, b) dependency and neglect proceedings, c) children in need of oversight proceedings, d) delinquency and other juvenile and child protection proceedings, e) adult protection proceedings, 1) administrative hearings, g) such other legal services as may be requested from time to time by its Director. h) The Attorney shall also provide legal representation for the People of the State of Colorado in all actions filed under Articles 1, 3 and 5 of the Colorado Children's Code and as applicable in actions concerning adult protective services, § 26 -3 -1 -101, C.R.S., et seq. In providing such representation, the Attorney shall perform its professional obligations in accordance with the Colorado Rules of Professional Conduct, Rule 11 of the Colorado Rules of Civil Procedure, and other applicable laws, canons, regulations, rules, and guidelines. The Attorney shall be compensated equivalently for its services in such cases, the fact that it represents the People rather than the Department notwithstanding. 2. Term. This agreement shall be in full force and effect for the period beginning July 1, 2010 and ending June 30, 2015. However, it is expressly understood and agreed by the parties that the Board of County Commissioners may, in its sole discretion for any reason whatsoever, terminate its obligations and those of the County Attorney and Assistant County Attorney for Pitkin County, at any time sooner than June 30, 2015 upon thirty (30) days written notice from the Board Of County Commissioners. 3. Consideration. The Department hereby agrees to reimburse the County Attorney, during the term of this agreement, based upon monthly billings at the rate of $125.00 per hour for the Pitkin County Attorney, $125.00 per hour for the Pitkin County Assistant Attorney and $25.05 per hour for the Paralegal for the duration of this contract or until the parties agree otherwise in writing. The parties acknowledge that these rates represent 2 below - market billing rates in recognition of the Department's status as a sub - agency of Pitkin County. DHS shall promptly pay all applicable sums in response to such billings through appropriate measures identified by the Pitkin County Finance Department. The hourly rates for the Attorney set forth herein include overhead, administrative expenses, salaries and fringe benefits. It is anticipated by the parties hereto that the reimbursement during the term of this agreement will not exceed Forty -five Thousand dollars ($45,000.00); however, the Department hereby agrees to reimburse the County Attorney for any and all billings even if their total exceeds Forty -five Thousand dollars ($45,000.00) during the term of this agreement. 4. Location Where Services Will Be Provided. Services will be provided in and out of the office of the Pitkin County Attorney, 530 East Main Street, Suite 302 Aspen, CO 81611. 5. Determination of Services Rendered. The determination of services to be rendered under this agreement, as specified herein, shall be made by the Director of the Department, subject to the approval of the Board of County Commissioners, and the limitations set forth in this Agreement. Provided, however, that the Attorney shall have the sole discretion to decline or refuse to provide professional services under this agreement if such services would violate the Colorado Rules of Professional Conduct, Rule 11 of the Colorado Rules of Civil Procedure, or other applicable laws, canons, regulations, rules, or guidelines. It is further expressly agreed and understood that when the Attomey is rendering professional services on behalf of the People of the State of Colorado, pursuant to paragraph 1.h hereinabove, that it shall consult and coordinate, as it deems appropriate, with Department personnel regarding the litigation, however, an attorney - client relationship shall not exist between the County Attorney's office and the Department in such litigation. a. Waiver of Conflict. The parties recognize that the Attorney's representation of the People and its provision of services to the Department may at times present conflicts within the meaning of Colo. R.P.C. Rule 1.7. The parties are familiar from their past work on such matters with the types of conflicts likely to arise. The Attorney believes that it will, in general, be able to provide competent and diligent representation to the Department and the People with respect to the matters in which it represents them notwithstanding these potential conflicts. Should a situation arise in which the Attorney believes it will not be able to provide such representation it shall inform the Department and the County. I. The Department and the County, by their signatures below, acknowledge that they have received adequate information and explanation about both the material risks of these potential conflicts, and reasonably available 3 J/ alternatives to them, and nonetheless consent to the Attorney's dual capacity as outlined herein. 6. Cancellation, Termination and Amendment. In addition to the other provisions of this agreement, this agreement may be terminated, canceled, revoked and annulled by mutual consent of both parties. If at any time either party shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if either party shall violate any of the covenants, agreements or stipulations of this agreement, each party shall thereupon have the right to terminate this agreement and specify the effective date thereof. This agreement may be amended in whole or in part by mutual consent, provided that said amendment is reduced to writing, properly executed and made a part of this agreement. 7. Reports, Records and Retention Periods. The County Attorney and Assistant County Attorney for Pitkin County shall maintain such records as are deemed necessary pursuant to the State Department of Human Services' rules to assure a proper accounting for all costs. These records shall be made available for audit purposes to the United States Department of Health and Human Services, the State Department of Human Services, the County Department of Human Services or any authorized representative of the State of Colorado, and shall be retained for five years after the expiration of this agreement unless permission to destroy them is granted by the State Department of Human Services. The Attorney for Pitkin County shall make financial, program progress and other reports as requested by the Board of County Commissioners, or the State Department of Human Services. 8. Non - Discrimination. In connection with the performance of services under this agreement, the Attorney for Pitkin County agrees to comply with the provisions of the laws of Colorado, the Civil Rights Act of 1964, as amended, the regulations of the Department of Health and Human Services issued pursuant to this Act, and the provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, as amended. 9. Federal and State Laws and Regulations. This agreement shall be performed in compliance with the Social Security Act, as amended, the federal regulations and amendments thereto which implement the Social Security Act, the rules and regulations of the State Department of Human Services, as amended, and Colorado Revised Statutes, as amended. 10. Changes in Legal Staff. In the event changes in legal staff assigned to the Department become necessary or are contemplated, the Director will be consulted prior to implementing such changes. However, it is expressly understood and agreed by the 4 parties that the Board of County Commissioners may, in its sole discretion, at any time, change the legal staff assigned to the Department. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUN COLORADO B je AA' V\./ Y George Newm. , Chairm• t: i De ty Clerk / Ai i Nan Sundeen, Director is op er e s i • ssistant County Atto ey Pitkin County Department of Pitkin County Human Services 5 t -LotO CONTRACT FOR PROVISION OF LEGAL SERVICES Thi Contract for Provision of Legal Services, made and entered into this h day of 2010, is by and between the Pitkin County Board of County Commissioners (her er "County "), 530 E. Main Street, Third Floor, Aspen, CO 81611 Pitkin County Department of Human Services (hereinafter "Department ") 405 Castle Creek Road, Aspen, CO 81611 and the Pitkin County Attorney (hereinafter "Attorney ") 530 E. Main St. Ste. 302, Aspen, CO 81611. RECITALS 1. The Department is a subsidiary entity of the County which is charged by state law with providing certain services for which reimbursement from the State of Colorado is available. The legal needs of the Department are such as to warrant representation by the Attorney. The Department wishes to contract with the Attorney to provide legal services in all legal matters concerning child welfare and adult protection, including but not limited to: a) child relinquishment, b) dependency and neglect proceedings, c) children in need of oversight proceedings, d) delinquency and other juvenile and child protection proceedings, e) adult protection proceedings, 0 administrative hearings, g) such other legal services as may be requested from time to time by its Director; and h) Representation for the People of the State of Colorado in all actions filed under Articles 1, 3 and 5 of the Colorado Children's Code and as applicable in actions concerning adult protective services, 26 -3 -1 -101 et seq. 2. The Attorney and the Assistant Attorney for Pitkin County have in the past provided such services and can continue to provide such services. Provided, however, that in doing so the Attorneys must observe all ethical restrictions imposed upon them by the Colorado Rules of Professional Conduct, Rule 11 of the Colorado Rules of Civil Procedure, and other applicable laws, canons, regulations, rules, and guidelines. The parties recognize that in certain matters, including but not limited to those in which the Attorney represents the People of the State of Colorado, conflicts may prevent the Attorney from representing the Department and preclude the existence of an attorney - client relationship respecting those matters. 1 /� 3. The Department desires to continue to receive such legal services during State fiscal year 2011 and continuing into the foreseeable future. Colorado State Department of Human Services regulations require contracts for the purchase of services to set forth definite terms and conditions. NOW, THEREFORE, in mutual consideration of the covenants and provisions set forth below, it is agreed: 1. Scope of Services. The Attorney, by and through the County Attorney and Assistant County Attorney, agrees to render legal services and advice for Pitkin County Human Services relating to: a) child relinquishment, b) dependency and neglect proceedings, c) children in need of oversight proceedings, d) delinquency and other juvenile and child protection proceedings, e) adult protection proceedings, f) administrative hearings, g) such other legal services as may be requested from time to time by its Director. h) The Attorney shall also provide legal representation for the People of the State of Colorado in all actions filed under Articles 1, 3 and 5 of the Colorado Children's Code and as applicable in actions concerning adult protective services, § 26 -3 -1 -101, C.R.S., et seq. In providing such representation, the Attorney shall perform its professional obligations in accordance with the Colorado Rules of Professional Conduct, Rule 11 of the Colorado Rules of Civil Procedure, and other applicable laws, canons, regulations, rules, and guidelines. The Attorney shall be compensated equivalently for its services in such cases, the fact that it represents the People rather than the Department notwithstanding. 2. Term. This agreement shall be in full force and effect for the period beginning July 1, 2010 and ending June 30, 2015. However, it is expressly understood and agreed by the parties that the Board of County Commissioners may, in its sole discretion for any reason whatsoever, terminate its obligations and those of the County Attorney and Assistant County Attorney for Pitkin County, at any time sooner than June 30, 2015 upon thirty (30) days written notice from the Board Of County Commissioners. 3. Consideration. The Department hereby agrees to reimburse the County Attorney, during the term of this agreement, based upon monthly billings at the rate of $125.00 per hour for the Pitkin County Attorney, $125.00 per hour for the Pitkin County Assistant Attorney and $25.05 per hour for the Paralegal for the duration of this contract or until the parties agree otherwise in writing. The parties acknowledge that these rates represent 2 below - market billing rates in recognition of the Department's status as a sub - agency of Pitkin County. DHS shall promptly pay all applicable sums in response to such billings through appropriate measures identified by the Pitkin County Finance Department. The hourly rates for the Attorney set forth herein include overhead, administrative expenses, salaries and fringe benefits. It is anticipated by the parties hereto that the reimbursement during the term of this agreement will not exceed Forty -five Thousand dollars ($45,000.00); however, the Department hereby agrees to reimburse the County Attorney for any and all billings even if their total exceeds Forty -five Thousand dollars ($45,000.00) during the term of this agreement. 4. Location Where Services Will Be Provided. Services will be provided in and out of the office of the Pitkin County Attorney, 530 East Main Street, Suite 302 Aspen, CO 81611. 5. Determination of Services Rendered. The determination of services to be rendered under this agreement, as specified herein, shall be made by the Director of the Department, subject to the approval of the Board of County Commissioners, and the limitations set forth in this Agreement. Provided, however, that the Attorney shall have the sole discretion to decline or refuse to provide professional services under this agreement if such services would violate the Colorado Rules of Professional Conduct, Rule 11 of the Colorado Rules of Civil Procedure, or other applicable laws, canons, regulations, rules, or guidelines. It is further expressly agreed and understood that when the Attorney is rendering professional services on behalf of the People of the State of Colorado, pursuant to paragraph 1.h hereinabove, that it shall consult and coordinate, as it deems appropriate, with Department personnel regarding the litigation, however, an attorney - client relationship shall not exist between the County Attorney's office and the Department in such litigation. a. Waiver of Conflict. The parties recognize that the Attorney's representation of the People and its provision of services to the Department may at times present conflicts within the meaning of Colo. R.P.C. Rule 1.7. The parties are familiar from their past work on such matters with the types of conflicts likely to arise. The Attorney believes that it will, in general, be able to provide competent and diligent representation to the Department and the People with respect to the matters in which it represents them notwithstanding these potential conflicts. Should a situation arise in which the Attorney believes it will not be able to provide such representation it shall inform the Department and the County. L The Department and the County, by their signatures below, acknowledge that they have received adequate information and explanation about both the material risks of these potential conflicts, and reasonably available 3 9 alternatives to them, and nonetheless consent to the Attorney's dual capacity as outlined herein. 6. Cancellation, Termination and Amendment. In addition to the other provisions of this agreement, this agreement may be terminated, canceled, revoked and annulled by mutual consent of both parties. If at any time either party shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if either party shall violate any of the covenants, agreements or stipulations of this agreement, each party shall thereupon have the right to terminate this agreement and specify the effective date thereof. This agreement may be amended in whole or in part by mutual consent, provided that said amendment is reduced to writing, properly executed and made a part of this agreement. 7. Reports, Records and Retention Periods. The County Attorney and Assistant County Attorney for Pitkin County shall maintain such records as are deemed necessary pursuant to the State Department of Human Services' rules to assure a proper accounting for all costs. These records shall be made available for audit purposes to the United States Department of Health and Human Services, the State Department of Human Services, the County Department of Human Services or any authorized representative of the State of Colorado, and shall be retained for five years after the expiration of this agreement unless permission to destroy them is granted by the State Department of Human Services. The Attorney for Pitkin County shall make financial, program progress and other reports as requested by the Board of County Commissioners, or the State Department of Human Services. 8. Non - Discrimination. In connection with the performance of services under this agreement, the Attorney for Pitkin County agrees to comply with the provisions of the laws of Colorado, the Civil Rights Act of 1964, as amended, the regulations of the Department of Health and Human Services issued pursuant to this Act, and the provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, as amended. 9. Federal and State Laws and Regulations. This agreement shall be performed in compliance with the Social Security Act, as amended, the federal regulations and amendments thereto which implement the Social Security Act, the rules and regulations of the State Department of Human Services, as amended, and Colorado Revised Statutes, as amended. 10. Changes in Legal Staff. In the event changes in legal staff assigned to the Department become necessary or are contemplated, the Director will be consulted prior to implementing such changes. However, it is expressly understood and agreed by the 4 (& parties that the Board of County Commissioners may, in its sole discretion, at any time, change the legal staff assigned to the Department. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUN COLORADO By / 1� (z\-/ George Newm. , Charm. A•:.t: A lit/ _4/ De r ty Clerk / Nan Sundeen, Director is op er e • 1 • ssistant County Atto ey Pitkin County Department of Pitkin County Human Services 5 �7