Agreement for Contract Attorney Services Pursuant to by pptfiles


									                 Agreement for Contract Attorney Services Pursuant to
                               C.R.S. 21-2-101 et seq.

       This agreement, dated below, is made and entered into by and between the State of
Colorado (hereinafter “State”), acting through the Office of the Alternate Defense Counsel
(hereinafter “OADC”) and _______________________________ of ______________________,
                                      Attorney Name                                City
Colorado (hereinafter “Attorney” or “Contract Attorney”).

1. Purpose: This Contract defines the terms of payment and procedures for conflict of interest
   cases where the Attorney is appointed pursuant to C.R.S. 21-2-101 et seq.

2. Representation: The Attorney shall provide representation in a thorough, competent, and
   professional manner subject to all applicable standards, rules, regulations, canons, statutes
   and cases. Representation shall commence upon OADC appointment and continue in all
   matters arising from the appointment through the filing of a notice of direct appeal and
   related documents or the filing and ruling on a motion for reconsideration of sentence. If the
   appointment is for the appeal of an adverse decision of the trial court, then the representation
   shall include the opening brief and all other legal functions through the filing of the Petition
   for Writ of Certiorari.
       a. Client files and records shall be maintained and made available to the OADC for
           reasonable inspection, audit and evaluation in such form and manner as the OADC in
           its discretion may require subject to the attorney/client privilege. The Attorney must
           retain such records and client files for a period of at least five years from the
           completion of the case.
       b. The Contract Attorney may arrange suitable coverage for court appearances in the
           event that the Attorney is unable to appear, provided that the Attorney must represent
           the client directly in any preliminary hearing, major motions hearing, or trial. The
           substitute attorney must be approved by the OADC. Arrangements of payment of the
           substitute attorney must be made between the Contracting Attorney and the
           substituting attorney. The substitute attorney may not be compensated less than the
           amount billed by the contracting attorney.
       c. No part of the performance of the Attorney under this agreement shall be assigned or
           subcontracted without the written consent of OADC. If the Attorney is in a law firm
           of more than one attorney it shall perform under this agreement only through
           attorneys who have been approved by the OADC.
       d. When the Attorney is appointed to represent an individual in a criminal case, the
           Attorney shall not receive any fee or expense for representation of that individual in
           that case except as provided for under this agreement or as approved by the OADC.
       e. The Contract Attorney must bill on each case at a maximum of 90 days from the date
           of service. However, all services and expenses, billed in one fiscal year, must be
           submitted for payment within 10 days after commencement of the next fiscal year.
           The fiscal year ends on June 30 of any current billing year and requests for payment
           of services and expenses must be made by July 10 of the same calendar year. All
           billing must be in accordance with the OADC Payment Directive and Procedures
           (found on our web site at Failure to bill as provided above
           will result in the non-payment for services rendered on any dates outside of the
           applicable time period.

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       f. If at any time the Attorney ceases to be a member in good standing of the Colorado
          Supreme Court Attorney Registration Office, this agreement will terminate
          automatically and without notice to the Attorney.
       g. This agreement may be terminated by the OADC for cause immediately upon notice
          to the Attorney. This agreement may be terminated by either party for convenience
          upon thirty days prior notice in writing. Should this agreement be terminated
          pursuant to this paragraph, the Attorney agrees to complete all assigned cases to Final
          Disposition unless such completion would violate the Colorado Rules of Professional
          Conduct or if the OADC requests otherwise.
       h. The Contract Attorney agrees to carry professional liability insurance covering all
          services to be performed pursuant to this agreement.
       i. The Contract Attorney agrees to make every reasonable effort to participate in
          continuing legal education programs related to criminal or juvenile law.
       j. This agreement does not constitute a hiring by the State or by the OADC. It is the
          Parties’ intention that the Attorney shall be an independent contractor and not a State
          or OADC employee for all purposes, including, but not limited to, the Federal
          Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
          Act, the provisions of the Internal Revenue Code, the Colorado Workers’
          Compensation Act, the Colorado Unemployment Insurance Act, and the Public
          Employees Retirement Association. Accordingly, no federal, state or local income
          tax or payroll tax of any kind, and no retirement contribution shall be withheld or paid
          by the State or by the OADC on behalf of the Attorney or the employees of the
          Attorney, if any.”
       k. The Contract Attorney agrees that he/she has read and agrees to adhere to the
          guidelines contained in Guidelines on Indigent Defense located in the ADC website at
, at Documents.
       l. The Contract Attorney agrees that he/she has read and agrees to follow the procedures
          for the filing of an appeal as contained in Appellate Guidelines and Procedures
          located in the ADC website at, at Documents.
       m. The Contract Attorney agrees to check the web site on a regular basis for
          announcements and amendments of procedures and forms, and to use current forms
          when requesting funds. The Contract Attorney also agrees to keep a current e-mail
          address on file with the ADC, and to check their e-mail regularly for updates from the
          ADC office.

3. Limitations and Exclusions: The Attorney shall not accept and shall not be reimbursed for
   the following appointments under the terms of this agreement:
       a. Cases for which appointment of counsel is not pursuant to C.R.S. 21-2-103.
       b. Cases for which a notice of withdrawal by the Office of the State Public Defender has
           not been made of record and subsequently granted by the court.
       c. Cases where appointment would violate ethical considerations under the Colorado
           Rules of Professional Conduct.
       d. Cases wherein the defendant has not been found to be indigent.
       e. Appointments for contempt of court or writs of habeas corpus matters.
       f. No representation, counseling or services shall be considered a court appointment
           under this agreement unless the appointment is specifically made by a judge of the
           District pursuant to a bona fide conflict of interest that precludes representation of the
           client by a public defender.
       g. Appointments for advisory counsel.

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4. Payment: There shall be an hourly rate paid according to Chief Justice Directive 04-04 or
   any rate of pay contained in the general operating procedures of the OADC. Any contract,
   other than on an hourly rate, may be made an addendum to this agreement. Requests for
   payment shall be made in accordance with the OADC Payment Directive and Procedures.

5. Commitment: Participation in the OADC is not a property right. Individuals who accept
   cases must recognize that the appointment requires a substantial commitment to professional
   service in the public interest.

6. Anti-Discrimination: The State of Colorado and the OADC is an equal opportunity

7. Term of Agreement: Notwithstanding any other provisions of this agreement, this contract
   begins on the date that both signatures have been obtained, and expires on January 1, 2012.
   As part of this contract the OADC will actively monitor the Contract attorney’s performance
   and the Attorney must cooperate with any assessment or other performance related
   investigation the OADC may conduct during the contract period.

8. Verification of Legal Status: In accordance with Colorado State law, as a condition to the
   effectiveness of this Agreement, the Contractor shall execute the form entitled “Certification
   and Affidavit Regarding Illegal Aliens” attached hereto as Exhibit A, and if required, shall
   provide satisfactory proof of lawful presence in the United States before starting work under
   this Agreement.

9. Status as a PERA Retiree. The Attorney shall have a continuing duty throughout the term
   of this agreement to notify the OADC in the event that the Attorney, or any substituting
   attorney, is receiving benefits as a Retiree from the Colorado Public Employees’ Retirement
   Association (hereinafter “PERA”). The Attorney understands and agrees that in the event
   that s/he experiences any reduction or loss of PERA retirement benefits as a result of
   working under this Agreement, the OADC shall not be liable for reimbursement of any such
   reduction or loss.

This agreement constitutes the entire understanding between the parties with respect to the
subject matter. No amendments to this agreement shall be effective unless in writing and signed
by duly authorized representatives of both parties.

__________________________________________                 ______________________________
Attorney’s Signature                                       Date

Attorney’s Printed Name

__________________________________________                 ______________________________
Lindy Frolich – Director                                   Date
                                                                          OADC Contract – Revised 9/07

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                                 EXHIBIT [A]
                            CERTIFICATION AND AFFIDAVIT
                             REGARDING ILLEGAL ALIENS
A     CERTIFICATION – required of all vendors
The Vendor, whose name and signature appear below, certifies and agrees as follows:

1.       The Vendor shall comply with the provisions of §8-17.5-101 et seq., C.R.S. The Vendor shall not
knowingly employ or contract with an illegal alien to perform work for the Office of Alternate Defense
Counsel (OADC) or enter into a contract with a subcontractor that knowingly employs or contracts with
an illegal alien.

2.       The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any
illegal aliens to perform OADC work, through participation in the Basic Pilot Employment Verification
Program administered by the Social Security Administration and Department of Homeland Security, and
(ii) otherwise shall comply with the requirements of §8-17.5-102(2)(b), C.R.S.

3.     The Vendor shall comply with all reasonable requests made in the course of an investigation
under §8-17.5-102, C.R.S. by the Colorado Department of Labor and Employment. If the Vendor fails to
comply with any requirement of this provision or §8-17.5-101 et seq., C.R.S., the OADC may terminate
work for breach and the Vendor shall be liable for actual and consequential damages to the OADC.

B. AFFIDAVIT – required of sole proprietors only
In addition, if the Vendor is a sole proprietor, the undersigned hereby swears or affirms under penalty of
perjury under the laws of the State of Colorado that (check one):
___     I am a United States citizen, or

___      I am a Permanent Resident of the United States, or

___      I am lawfully present in the United States pursuant to Federal law.

         I understand that this sworn statement is required by law because I am a sole proprietor entering
         into a contract to perform work for the State of Colorado Office of Alternate Defense Counsel. I
         understand that state law requires me to provide proof that I am lawfully present in the United
         States prior to starting work for the Office of Alternate Defense Counsel. I further acknowledge
         that I will comply with the requirements of §24-76.5-101 et seq., C.R.S., and will produce the
         required form of identification prior to starting work. I acknowledge that making a false,
         fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
         criminal laws of Colorado as perjury in the second degree under §18-8-503, C.R.S., and it shall
         constitute a separate criminal offense each time a public benefit is fraudulently received.

CERTIFIED and AGREED to this ______ day of _________________, 200___.VENDOR:

________________________________________                           _________________________
       Legal Name                                                  FEIN or Social Security Number

BY: _______________________________________                        __________________________
       Signature                                                   Title

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