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HomeMy WebLinkAbout840868.tiff RESOLUTION RE: APPROVE CONTRACT FOR COMMUNICATIONS CONSULTANT AND AUTHORI- ZATION FOR CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , a contract concerning a Communications Consultant between Weld County and Michaud, Cooley, Hallberg, Erickson and Associates, Inc. has been presented to the Board of County Com- missioners for its approval, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board, after study and review, deems it advis- able to approve said contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Contract for a Com- munications Consultant between Weld County and Michaud, Cooley, Hallberg, Erickson and Associates, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D. , 1984 . ` s y;— BOARD OF COUNTY COMMISSIONERS ATTEST: 5111O• t , -I. i " "`" `� ELD COUNTY, COLORADO � � Weld County Clerk and Recorder e2si,— and CJArk to the oard\ Norman Carlson, Chairman Deputy County j 1 erk (i qu ine J•h. son, Pro-Tem Air P OVED AS TO FORM: !t2 ea /, Gene R. Brantn County Att rney Chuc Carlso is2-Lts 7 r7), 0,4 n T. Martin 032884 840tto8 <ti /4icI a G ; 0 Qrx.,k - f> tv - 6 e.ei, - 65%g-.iu,A-S` I 1/1(((- DEPARTMENT OF FINANCE AND ADMINISTRATION PHONE(303)356-4000 EXT.217 f1 P.O. BOX 758 GREELPf7COLQRA60 80632 ' MAR1 � COLORADO A March 14, 1984 Mr. Ronald Vegemast, P.E. Michaud, Cooley, Hallberg, Erickson & Associates, Inc. 310 Plymouth Building Minneapolis, Minnesota 55402 Dear Mr. Vegemast: Enclosed please find two signed copies of the contract concerning professional services associated with the review of the Weld Regional Communication System. The two copies should be signed by you and one original returned to me. Attachment "A" will be the proposal as you submitted, with the noted amendments in the contract. I have not enclosed a copy of the proposal, assuming that you have a copy and we have adequate copies here to attach to the document upon its return. If you have any questions concerning the contract, please do not hesitate to contact me at 356-4000, Ext. 4218. As indicated in the contract, Mr. Rich Estreich will be the project manager and you should arrange with him to proceed with the tasks included in the contract. We all look forward to working with you and realizing the results of your efforts. V ytr s Do d D. W rden, Director Finance and Administration DDW/ch cc: Rich Estreich Clerk to the Board Bette Rhoden, Purchasing Agent X,Ai�, no stoats PMMT,U CONTRACT This Agreement is made by and between the Weld County, Colorado, (hereinafter referred to as the County, and MICHAUD, COOLEY, HALLBERG, ERICKSON & ASSOCIATES, INC., (hereinafter referred to as "Consultant"). WITNESSETH WHEREAS, the County has identified problems, deficiencies, and/or inadequacies in its communications system which may require system changes and/or equipment replacement; and WHEREAS, the pursuit of the system improvements has resulted in the identification of the need to acquire the services of a registered professional engineer to assist in the development of a plan to improve the communications system; NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Consultant agree as follows: ARTICLE I. GENERAL TERMS I. The County agrees to employ and hereby does employ the Consultant to provide the professional services described herein. 2. The Consultant agrees to provide the professional services described herein. 3. The Consultant agrees to assign Ronald Vegemast, P.E., as the principal person performing the duties required by this contract. 4. The Consultant may employ and assign other competent personnel as consulting associates as necessary to provide the services specified herein. All such consulting associates shall be under the direction of Mr. Vegemast. 5. The County shall designate Mr. RichardEstreich as the Project Director who shall act with and in behalf of the County. 6. The Consultant's employees or associates shall coordinate their work schedules with the County's Project Director. ARTICLE II. PROFESSIONAL SERVICES The Consultant's services to be provided in conformance with this contract shall consist of the specific tasks with Task 5 deleted as listed in the Consultant's proposal number 4309, dated January 10, 1984, said proposal is hereby made part of this contract as Attachment A. The Consultant agrees to perform the tasks or services in the manner specified in Attachment A. ARTICLE III. FEES I. This contract shall begin on the date of full execution, and the total professional services fee payment to the Consultant will be $17,630.00. The Consultant will also be paid for actual travel expenses at cost but these total travel expenses shall not exceed $3,500.00. 2. Payment to the consultant during the first 120 days will be made at 30 day intervals in the amount of $3,400.00 each with a final billing of $4,030.00. 3. In the event that a substantial change in the services to be performed occurs or the timetable is significantly revised, this contract shall be opened for renegotiation upon the request of either party. ARTICLE IV. OTHER COVENANTS AND STIPULATION I. Consultant agrees that it is an independent contractor. The County and the Consultant agree that nothing in this contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Consultant as the agent, representative, or employee of the County for any purpose nor are any of Consultant's employees entitled to any employee benefits as County employees as a result of the execution of this agreement. 2. Consultant agrees that it will comply with Title VI of the Civil Rights Act of 1964. In accordance with the Consultant's affirmative action policy, no person shall on the grounds of race, color, religion, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status, or national origin be excluded from full employment rights 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 of Colorado laws against discrimination. The Consultant shall, upon request, furnish all information and reports required by the rules, regulations, and orders of the Secretary •of Labor for purposes of investigation to determine compliance with such laws. 3. Consultant agrees to indemnify County, its officers and employees against liability for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of the approved agreement and shall hold County harmless from any loss occasioned as a result of the performance of the contract by Consultant. The Consultant shall provide necessary worker's compensation insurance at Consultant's own cost and expense. 4. No officer, member or employee of County and no member or their governing bodies shall have any pecuniary interest, direct or indirect, in the approved agreement or the proceeds thereof. No employee of Consultant nor any member of an employee's family shall serve on a County board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Consultant's operations, or authorizes funding of Consultant. 5. Consultant may not assign or transfer the approved agreement, any interest therein or claim thereunder without the prior written approval of County. 6. Payment of Consultant will be made only upon presentation of a proper claim by Consultant subject to the approval of the County Department or Agency for which the services have been performed. 7. County may terminate the approved agreement at any time by giving Consultant a ten (10) day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of the approved agreement by Consultant. 8. Time is of the essence in each and all the provisions of the approved agreement. 9. No alteration or variation of the terms of the approved agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals this Maa.at 19, 198q. MICHAUD, COOLEY, HALLBERG, ERICKSON & ASSOCIATES, INC. By \� Title Chairman, Board of Commissioners Weld-County,_-Colorado "qui a..443-..tae;i Weld County Clerk and Recorder Bycald./41 41rstaj and Clerk to the Board B 442 02 � Title Dep ty County Clerk Hello