CONTRACT FOR LEGAL SERVICES BETWEEN The SHERBURNE COUNTY LAW LIBRARY BOARD AND COUNSEL

Transcription

1 CONTRACT FOR LEGAL SERVICES BETWEEN The SHERBURNE COUNTY LAW LIBRARY BOARD AND COUNSEL THIS CONTRACT is made and entered into by and between the County of Sherburne Law Library Board of Trustees, a political subdivision of the State of Minnesota, Business Center Drive, Elk River, Minnesota 55330, hereinafter called the Law Library, and the law firm of, (Address) hereinafter called the Law Firm. WITNESSETH: WHEREAS, the Law Library has a project to provide free law clinic advice on a twice weekly basis; and WHEREAS, the Law Firm is willing to provide such service; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: I. TERM The term of this Contract shall be from July 1, 2015 through June 30, 2017, the date of signature of the parties notwithstanding, unless it is earlier terminated as provided herein. II. PERSONNEL; SCOPE OF SERVICES A. The Law Firm shall provide the professional legal service to fulfill its obligation to provide legal advice at a free clinic venued in Sherburne County. The Law Firm shall designate as the attorneys who shall provide the service the following:. The designated lead on the contract is:. By designation of the lead counsel, it does not foreclose use of other attorneys to fulfill the responsibility as long as such attorneys are identified in this contract, however full responsibility for compliance with this contract shall lie with the lead counsel. B. The Law Firm shall provide adequate coverage for the times assigned. There shall be no fee assessed to the individuals. The Law Firm shall not actively solicit any business. The scheduling of all meetings shall be the responsibility of the Law Librarian. C. The Law Library is responsible for space for the meetings. D. The Law Firm further agrees to provide quarterly reports to the Law Library which identifies the following: The person(s) served the case number, the type of case, the number of persons who were turned away for service; any referrals to other agencies, and other necessary information to confirm the billing to the Law Library. The Law Firm shall be responsible for billing 1

2 monthly. The billing shall include the dates of service and the attorney handling the session. The hourly rate shall be $85.00 per hour. The Law Library shall not be responsible for any other costs incurred by the Law Firm over and above such rate. (Other costs include, inter alia, mileage, photocopying, or any other expenses.) E. In the event the Law Firm determines that there may be a conflict of interest that arises, the attorney/firm that shall be handling the matter is:. III. ADMINISTRATION AND SUPPORT The Law Firm shall provide: a. All general administrative services, including all scheduling to ensure the orderly and timely provision of the legal services contemplated herein; b. Secretarial support adequate to meet the needs of the named attorneys while performing all legal services hereunder; c. All necessary stationary, office supplies and office equipment, including, but not limited to, duplication equipment, dictating equipment, computers and telephones; and d. All transportation for the named attorneys necessary for the provision of the legal services hereunder. IV. CLAIMS FOR OTHER SERVICES No claim for other service furnished by the Law Firm shall be honored by the Law Library. The Law Firm agrees to maintain accurate and complete time records of all attorneys work provided to the Law Library by the Law Firm under the terms of this Agreement. The time records shall be kept in an orderly and consistent manner, and in a form approved by the Law Library. V. COMPENSATION In consideration of all services provided by the Law Firm under the terms and conditions of this Contract, the Law Library shall pay to the Law Firm the sum of Eighty Five Dollars and no cents per hour ($85.00) with no other benefits to be paid, except as stated herein. VI. REQUIREMENT OF WRITING Any alterations, amendments, deletions or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. 2

3 VII. INDEPENDENT CONTRACTOR The Law Firm acts hereunder as an independent contractor, and neither its members nor its employees acquire any tenure rights, nor any rights or benefits from the Law Library by way of worker s compensation, nor any benefits under the Law Library s or County s personnel program covering health care, long-term disability pay, sick pay, vacation pay, severance pay, life insurance or any other benefit available to employees. VIII. INDEMNIFICATION The Law Firm agrees to defend, indemnify and hold harmless the Sherburne Law Library, County of Sherburne, its commissioners, trustees, employees, agents and assigns against any and all claims, losses, damages or lawsuits arising from, allegedly arising from, or related to the pursuit of its provision of services hereunder by the Law Firm. IX. INSURANCE The Law Firm shall procure and maintain in full force and effect during the term of this Agreement, insurance coverage for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Law Firm, its agents, representatives, employees or subcontractors. The insurance coverage shall satisfy the requirements set forth in Exhibit A, which is attached hereto and incorporated herein. X. NO SUBCONTRACT OR ASSIGNMENTS The Law Firm shall not enter into any subcontracts for any of the services provided for in this Contract. This Contract is not assignable by either party. XI. AFFIRMATIVE ACTION In accordance with the Sherburne County Affirmative Action Policy against discrimination, no person shall, on the grounds of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity under the provisions of any and all applicable federal and state laws against discrimination. The Law Firm shall furnish all information and reports required by LawLibrary. XII. EARLY TERMINATION This Contract may be terminated by either party for cause upon at least thirty (30) days written notice, delivered by United States mail or in person, to the other party. Cause may include, but is not limited to, the Law Firm s inability to provide adequate coverage or if funding is terminated for the project by the Law Library. For purposes of such notice, the address of the Law Library is: Sherburne County Law Library Sherburne County Government Center 3

4 Attention: Elissa Bleess Business Center Drive Elk River, MN And the address of the Law Firm is: If notice is delivered by United States mail, it shall be deemed received on the third delivery day after mailing. XIII. TAXES Final payment shall not be made until the Law Firm has made satisfactory showing that it has complied with the provision of Minn. Stat requiring the withholding of State Income Tax from wages paid to the Law Firm s employees for work performed under the Contract. Receipt by the County of a Certificate of Compliance with the Commissioner of Taxation shall satisfy this requirement. XIV. AUDIT Pursuant to Minn. Stat. 16C.05, subd. 5 the Law Firm shall allow the Sherburne Law Library as fiscal agent or other persons or agencies authorized by the County, including the Legislative Auditor or the State Auditor, access to the records of the Law Firm at reasonable hours, including all books, records, documents and accounting procedures and practices of the Law Firm relevant to the subject matter of the contract for purposes of audit. The Law Firm further agrees to maintain all such required records for six (6) years after receipt of final payment and the closing of all other related records. XV. DATA PRIVACY In collection, storing, using and disseminating data on individuals in the course of providing services hereunder, the Law Firm agrees to abide by all pertinent State and Federal statutes, rules and regulations covering Data Privacy, including, but not limited to, the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. All data created, collected, received, stored, used, maintained, or disseminated by the Law Firm in performing this Agreement is also subject to the provisions of Minn. Stat. 13, the Minnesota Data Practices Act. Pursuant to that statute, the Law Firm must comply with the requirements of that statute as if it were a government entity. All remedies set forth in Minn. Stat shall also apply to the Law Firm. The Law Firm is not required to provide public data to the public if that same data is available from the County, unless stated otherwise in this Agreement. XVI. INTEGRATION 4

5 It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the Law Firm and the Law Library relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written below. COUNTY OF SHERBURNE LAW LIBRARY LAW FIRM By: Board Member By: Dated: Dated: 5