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COLORADO JUDICIAL DEPARTMENT CONTRACT FOR LEGAL REPRESENTATION AS COUNSEL IN MENTAL HEALTH CASES IN DENVER PROBATE COURT THIS CONTRACT is between the COLORADO JUDICIAL DEPARTMENT; 1301 Pennsylvania Street, Suite 300; Denver, Colorado 80203, hereinafter "Department," and , Attorney at Law, hereinafter "Contractor", and is limited to proceedings in the following District: Denver Probate Court. 1. Purpose. This Contract sets forth the terms and conditions under which Contractor is to perform certain services in which appointment of counsel at public expense is authorized or required under C.R.S. Title 27, Article 10, as amended (Care and Treatment of the Mentally Ill) and Chief Justice Directive 04-05, as amended. Department does not by this Contract guarantee the appointment of any cases to Contractor. 2. Definitions. The following definitions shall apply in this contract: a. "Appointment period" means the contract duration as provided in paragraph 4. b. "Approved hourly rate" means the hourly rate set by the Colorado Supreme Court for court- appointed counsel. c. "Case" means an action which has been filed and to which a case number has been assigned. d. "Court appointment" means any case in which representation is provided under this Contract. e. "Termination of care or treatment" means the termination, as provided in 27-10-110 C.R.S., as amended, of an original or extended certification for short-term treatment, or of an order for long-term care and treatment or any extension thereof. f. "Termination of court appointment" means the event that ends Contractor's duty of performance on a court appointment. 3. Consideration. The consideration for this Contract is the mutual promises of the parties as set forth; Contractor's agreement to perform services, participate in evaluations, and maintain records, and Department's agreement to compensate Contractor for such services. Department does not require that the Contractor work exclusively for Department. 4. Duration of Contract. Subject to any other provision contained herein, this Contract shall become operative on July 1, 2007 and shall expire June 30, 2008. 5. Duties of Contractor. Contractor shall have the following duties: a. Provide legal representation as Counsel in all cases assigned by a judge or magistrate of the District(s) during the contract period. 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 1 of 7 b. Notify Department of each court appointment, in accordance with the format and procedure prescribed by Department, within 10 days after the last working day of the month in which appointment has been made. Contractor shall request contract payments by the 10th of the month following the month of appointment in order to be considered in compliance with this Agreement. If such payment request is not made within six (6) months of appointment or within six (6) months of any action requiring additional payment under this Agreement, the Department will not honor the request unless Contractor applies for and receives an exception as outlined in paragraph 7(g). c. Provide all representation and services required by this Contract in a thorough, competent, and professional manner, subject to all applicable standards, rules, regulations, canons, statutes and case law. By entering into this Contract, Contractor attests that he or she is licensed to practice law in the state of Colorado and has the qualifications and skills to competently fulfill the duties herein. d. Commence such representation and services upon court appointment, and unless and until relieved of this duty by termination of the appointment as provided in this paragraph, continue providing such representation and services in all matters arising under C.R.S. Title 27, Article 10, as amended, including but not limited to short-term certification, extension of short-term certification, long-term certification, extension of long-term certification, and involuntary administration of medication. This duty specifically includes: Attendance at all review hearings Meeting with the respondent or the respondent’s representative Meeting with the respondent’s caregivers Communicating to the court the respondent’s response to the terms of commitment Filing of Notices of Appeal as requested. Termination of an appointment shall occur only upon termination of care or treatment of the respondent as ordered by the Court, or by the Court for any reason. e. Maintain records of all work performed relating to this Contract, and make all such records available to Department for inspection, audit and evaluation in such form and manner as Department in its discretion may require, subject to attorney/client privilege. f. Retain and pay for competent legal counsel to substitute for Contractor in any matter related to a court appointment as may be necessary during Contractor's absence due to illness, vacation, or problems in scheduling of court appearances. Such substitutions must be approved in advance by the judge or magistrate presiding over the case. g. After expiration or termination of this Contract, Contractor shall continue representation and services for a period of 24 months from the date of appointment for any court appointment in which care or treatment had not been attained within the appointment period. h. Contractor agrees to comply with the Denver Probate Court’s special requirements, which include but are not limited to: 1) designate at least one back-up attorney who can 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 2 of 7 substitute in emergency and expedited hearing situations; 2) furnish to the Denver Probate Court an e-mail address and facsimile number where Contractor can be reached; and 3) must have access to both a computer and internet services at all times; 4)accept at least 50 cases during the term of this Contract, upon appointment by the court, except as limited or excluded by provisions of Section 6 herein. i. Use the Department’s on-line, World Wide Web based payment system, hereafter referred to as “Web-Based Payment System” to request payments and provide other appointment information as required by Department upon notification by Department that such system is ready for use. Once developed, the Web-Based Payment System is intended to replace most and in many cases all of the paper submissions for reporting appointment information and billing under this Section 5. j. Contractor shall direct all questions or disputes concerning contract or hourly payment requests to the State Court Administrator’s Office immediately when issues arise. Such questions or disputes are subject to the provisions set forth in paragraph 7(h). k. The contractor shall have a duty throughout the term of this Agreement to notify the Department in the event that Contractor is receiving , or begins receiving, benefits as a retiree from the Public Employee Retirement Association (PERA) of Colorado. The Department shall not be liable for reimbursement to the Contractor for any reduction or loss of PERA retirement benefits that may occur as a result of this agreement. 6. Limitations and Exclusions. Contractor shall not be required to accept the following as appointment under the terms of this Contract: a. Cases for which appointment of counsel at public expense is not authorized or required under Title 27, Article 10, C.R.S., as amended (Care and Treatment of the Mentally Ill); b. Appointment under Title 25, Article 1, Part 11, C.R.S., as amended (Drug Abuse Prevention, Education, and Treatment); c. Appointment which would violate ethical considerations under the Colorado Rules of Professional Conduct; d. Appointment for appeals, other than the filing of a Notice of Appeal as provided in paragraph 5(d) herein. If Contractor finds that he or she has unknowingly accepted appointments in these circumstances, he or she shall notify Department to make arrangements for appointment termination and/or payment. 7. Duties of Department. Department shall have the following duties: a. For the first court appointment to represent each respondent, Department shall pay to Contractor a total fee of $170.00 upon receipt of notice of appointment required under paragraph 5(b), except that Department may withhold the final payment following expiration or 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 3 of 7 termination of the Contract until such time as it receives any final report required under paragraph 5(e). All requests for payment shall be subject to review and approval by the State Court Administrator. b. For the second and each subsequent court appointment to represent a respondent whom Contractor has represented for a previous appointment during the contract period, Department shall pay to Contractor a total fee of $115.00 upon receipt of notice as described in paragraph 7(a) above. th c. Department shall process payment monthly by the 20 of the month, under normal circumstances, for all court appointments under this Contract reported by the 10th of the month. Department shall process only one payment per month for cases represented on a contract fee basis, under normal circumstances. d. Department shall not reimburse Contractor for expenses incurred in fulfilling contract obligations except that, if approved in advance by the trial judge or magistrate, the District(s) will reimburse Contractor for the cost of expert witnesses, depositions, psychiatric evaluations, and psychological or other testing items normally paid by Department in indigent cases. Such expenses not so approved shall be paid by Contractor without reimbursement from the District(s). Contractor shall comply with the District(s’) procedures for requesting reimbursement. e. It is specifically agreed that the fee is neither a salary nor an hourly wage, and any computation of fee based on performance time is for convenience of the parties in determining value of service and not as salary or hourly wage. f. Department reserves the right to modify the contract fees in accordance with paragraph 18c. g. Department reserves the right to deny payment on payment requests not made in the required format or by the deadlines outlined in this Agreement. Contractor may request an exception to the payment request deadline by providing a written request to Department that outlines in detail the extraordinary circumstances that prevented (or will prevent) Contractor from requesting payment by the deadline. The decision to approve or deny such request shall be made by the Director of Financial Services or the Director’s designee, and shall be final. h. Department shall review and respond promptly to questions or disputes concerning a bill received, submitted, or paid except, due to research time and record retention limitations, there is a time restriction of two years for billing questions and disputes. The two-year restriction starts from the appointment date if the question or dispute concerns the initial appointment fee (paragraph 7(a)) or from the date of subsequent appointment if the question or dispute concerns the additional subsequent appointment fee (paragraph 7(b)). If the question or dispute concerns an hourly billing, the two-year restriction starts from the activity date (date of service) that is in question. 8. Case Computation. In computing the number of court appointments for the purpose of compensation to be paid under this Contract: 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 4 of 7 a. A court appointment to provide representation in a retrial, either on remand following an appeal or on the grant of a motion for new trial shall be counted as a separate court appointment, even though Contractor was appointed to provide representation during the prior proceedings concerning the same matter. b. No representation, counseling or services shall be considered a court appointment under this Contract unless specifically approved as such by a judge or magistrate of the District(s). 9. Status as Independent Contractor. This Contract does not constitute a hiring by either party. It is the parties' intentions that Contractor shall be an independent contractor and not Department's 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 nor payroll tax of any kind, nor retirement contribution shall be withheld or paid by Department on behalf of the Contractor or any employees of the Contractor. 10. Training. Department shall provide no training to Contractor, inasmuch as Contractor already possesses the skills needed to perform the work required under this Agreement. 11. Income Taxes. Contractor understands and agrees that contractor is responsible to pay, according to law, contractor's federal and state and local income taxes. If contractor is not a corporation, contractor further understands and agrees to pay any self-employment (social security) tax that may be required by law. 12. Unemployment Compensation. Contractor shall not be entitled to unemployment insurance benefits for work performed under this contract, unless unemployment compensation is provided by contractor or by some entity other than Department. 13. Workers’ Compensation. No workers’ compensation insurance shall be obtained by Department concerning Contractor or the employees of Contractor, if any. Contractor shall comply with workers’ compensation law concerning Contractor and any employees of the Contractor. 14. Fringe Benefits. Because Contractor is engaged in Contractor's own independent business, Contractor is not eligible for, and shall not participate in, any employee pension, health or fringe benefit plan of Department. 15. Liability Insurance and Indemnification. Contractor shall maintain professional liability insurance for all work performed under the Contract and shall furnish a carrier's certificate of such insurance upon execution of the Contract. Contractor shall indemnify Department for any and all claims or lawsuits resulting from the performance by Contractor of work under this Contract. 16. Breach. Breach of this Contract shall occur upon failure of Contractor to carry out any duty required by this Contract. 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 5 of 7 17. License. Contractor declares that Contractor has complied with all federal, state and local laws and regulations regarding business permits and licenses. 18. Termination. a. Department may terminate this Contract for cause, which shall include but not be limited to a failure by Contractor to carry out any duty required by this Agreement in a satisfactory manner, effective immediately after receipt of written notice of termination, except that Department in its sole discretion may permit Contractor to attempt to cure the breach within 15 days following receipt of such notice of termination. b. Contractor may terminate this Contract due to a major change in Contractor's circumstances, including by way of example but not as limitation such events as major illness or injury, physical or mental incapacity, change in location, or discontinuance of the practice of law, provided that Contractor first obtains the approval of Department, which approval shall be in the sole discretion of Department. Such approval by Department shall be contingent upon Contractor either providing at Contractor's expense for substitute counsel to carry out all of Contractor's unfulfilled contract obligations for all existing court appointments, or refunding the contract fee or portion thereof for all existing court appointments. Such written notice of termination shall be delivered to Department not less than thirty days before the effective date of the termination. c. In the event that the Department anticipates or experiences a shortage of funds to pay for any activity established by this Agreement, the Department may terminate this Agreement effective immediately upon receipt of written notice or at such other time as may be established in the notice. In lieu of such termination, the Department may elect to reduce the contract fees established in this Agreement for future appointments, effective immediately upon receipt of written notice or at such other time as may be established in the notice. Acceptance of any appointments after the effective date of such fee reduction shall be deemed to be Contractor’s acceptance of the reduced contract fees, and of modification of the Agreement in accordance therewith. Contractor may elect to decline the fee reduction by written notice to Department, in which instance the Agreement will be terminated and Contractor shall cease acceptance of appointments under the Agreement. Such termination shall be effective upon receipt of notice by Department. d. Upon any termination of Agreement, Department shall remain liable for payment of all moneys due and owing up to the date of receipt of written notice by Contractor. Acceptance by Contractor of any appointments after the effective date of any termination shall not be governed by the terms of the Agreement. e. Any notice required or permitted under this Section 18 shall be deemed to have been received five days after either 1) being placed in the United States mail, postage prepaid; or 2) sent by electronic mail. 19. Confidentiality. In the event that Contractor shall obtain access to any records or files of Department in connection with this contract, or in connection with the performance of its obligations under this contract, Contractor shall keep such records and information confidential 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 6 of 7 and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to Department. Contractor shall notify his or her employees and agents, if any, that they are subject to the confidentiality requirements as set forth above, and shall provide each employee or agent with a written explanation of the confidentiality requirements before the employee or agent is permitted access to confidential data. 20. Modifications. This Contract contains the entire agreement and understanding between the parties, and no modification, amendment, renewal, or other alteration of or to this Contract shall be valid, or of any force or effect whatsoever, unless mutually agreed upon in writing by the parties, except as provided in paragraph 18c. 21. Severability. If any part of this agreement shall be held unenforceable, the rest of this contract will nevertheless remain in full force and effect. 22. Non-waiver. The failure of either party to exercise any of its rights under this agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. IN WITNESS WHEREOF, the Parties have executed this Contract on the dates written below. STATE OF COLORADO CONTRACTOR JUDICIAL DEPARTMENT By: ___________________________ By: ___________________________ Typed: Gerald A. Marroney Typed: Title: State Court Administrator Attorney At Law Date: ___________________________ Date: _________________________ Attorney Reg. No.: Telephone: Email: 0 Fax: ( )____________________ Social Security Number: FOR TAX REPORTING PURPOSES ONLY : Tax Identification Number ____________________________________ State Firm or Company name (if applicable): __________________________________ (If Tax Identification Number is used, Contractor has submitted “Authorization to Pay a Law Firm for Attorney Appointments,” to Department.) 2b5401de-caa7-4d34-99b9-b889a6af2c22.doc 7 of 7
"COLORADO JUDICIAL DEPARTMENT CONTRACT"