HomeMy WebLinkAbout20100291.tiff AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is
915 10`h Street, Greeley, Colorado, 80631 ("County"), and ReNae Hayes whose address is
8999 Pearl St. Appt 2213 Thornton, CO 8229 , ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more
particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services,
and is willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Engagement of Contractor. County hereby retains contractor, and Contractor hereby accepts engagement
by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from_Feb 1, 2010 , through and until _April 30, 2010 .
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A,
attached hereto and incorporated herein.
4. Compensation. County agrees to pay Contractor for services performed as set forth on Exhibit A at the rate
of $30.00_per hour. Charges shall be based on the time actually spent performing the services, but shall
exclude travel time. Mileage may be charged to and from any required job site at a rate of_.48_cents per
mile. Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to
contractor will be made only upon presentation of a proper claim by Contractor, itemizing services
performed and mileage expense incurred. Payment for services and all related expenses under this
Agreement shall not exceed $ 520,000 .
5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of
the work to be performed, and said changes cause an increase or decrease in the time required or the costs to
the contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the
County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of
County, nor is Contractor entitled to any employee benefits from county as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
8. Reports County Property. All reports, test results and all other tangible materials produced in connection
with the performance of this Agreement, whether or not such materials are in completed form, shall at all
times be considered the property of the County. Contractor shall not make use of such material for purposes
other than in connection with this Agreement without prior written approval of County.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of
reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of. or payment for, any
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services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its
obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at
Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing the other party with a 10
day written notice thereof Furthermore, this Agreement may be terminated at any time without notice upon
a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall be
paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim
thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor
represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is
discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens,
County can terminate this Agreement and Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of
County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict.No employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee or hold any such position which either by rule, practice or action nominates, recommends,
supervises Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that
this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess.
25. No Third party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned' parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
• undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF. the parties have executed this Agreement as of the date and year written below.
Ca
's Signature:
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Date
COUNTY OF WELD, STATE OF COLORADO
Chair.ara f Count Commissioners FEB 0 8 2010
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Attest:
Clerk to the So i d
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Deputy Clerk to he
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Exhibit A
Telecommunications Tech
SUMMARY
Responsible for the operation of the telecommunications network to ensure maximum
productivity and availability of network. Responsible for equipment installation,trouble shooting,
and testing of telecommunication equipment,telephones and communications facilities.
Interfaces with users on problem determination and resolution of network problems. Performs
function of reviewing and paying vendor bills for communication systems and facilities and
coordinates preventative maintenance and corrective programs with vendor personnel and
maintains records. Ensures the performance of all telecommunications equipment.Coordinates
activities of equipment and line vendors and maintains internal systems to assure that network
components are operational. On call responsibilities 24/7. Requires high school graduation and at
least 6 years experience in telecommunications.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Install and remove telephones on existing County telephone systems; use software
systems associated with all County telephone systems; install facilities provided by the
local access and transport carrier; plan for replacement of telephone systems
Competent to work independently receiving technical support from equipment
manufacturers' specialists. On call 24/7
Review and decipher telephone bills for accuracy. Maintain a complex cost accounting
system.
Maintains records and coordinates preventive maintenance and corrective programs with
vendor personnel.
Responsible for voice communications support. Works on complex system problems.
Maintain departmental expense account; submit vouchers for payment, prepare purchase
orders, invoices, budget accounts and requisitions while following budgetary guidelines
Answer complex and technical questions and complaints;refer highly technical questions
and callers requiring further information to appropriate staff members
Operate a variety of office equipment, including personal computer using Word,Banner,
Access,Excel and communications software as required
Perform related work as required
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