HomeMy WebLinkAbout20043379.tiff CONTRACT FOR PROFESSIONAL SERVICES - HOURLY
I. PARTIES. This Contract for Professional Services ("Agreement") is dated the 9th day of November, 2004 ,by
and between Peter Webb Public Relations, Inc. ("PWPR"), a Colorado corporation, and Weld County, Colorado
Commissioners' Office ("Client"), a Cdu.d t y . Said parties are hereinafter singularly referred
to as"Party"and collectively referred to as"Parties".
II. DUTIES. As public relations consultant, PWPR will work, subject to Client's direction, on public relations
activities for Client, including but not limited to media relations strategy and public relations counseling services regarding
computer difficulties .
III. CONSIDERATION. For providing these services, PWPR will charge hourly professional fees based on the
rate sheet attached hereto as Exhibit"A". PWPR reserves the right to amend its hourly rates at the beginning of each calendar
year.
IV. TERM AND TERMINATION. The term of this Agreement is a three (3) month period from November 9
2004 through February 8,2005 ("Term"). The Term may be extended with a written agreement executed by both Parties. It
is understood and agreed that this Agreement may be terminated by either Party upon thirty (30) days written notice. If this
should occur, such termination notice shall not affect PWPR's obligation to continue to act as Client's public relations counsel
or Client's obligation to pay PWPR's fees and expenses for work in progress during the 30-day period following notice of
termination. Within thirty (30) days of the termination of this Agreement, PWPR shall return to Client the originals of any
document which Client has identified to PWPR as containing confidential information.
V. PERSONNEL. The fees charged to Client by PWPR pursuant to this Agreement are intended to cover the cost of
all reasonable and necessary professional, secretarial and support services, an overhead factor and a profit allowance. This
account will be supervised by Peter Webb and managed by an account manager. Reasonable and necessary PWPR staff
members may be employed at varying points throughout the provision of services under this Agreement depending upon
projects or assignments underway. The PWPR staff includes public relations professionals with differing degrees of
experience and areas of special knowledge. In servicing Client's account, PWPR reserves the right to assign its personnel in
any reasonable and necessary combination believed in good faith by PWPR to be the most efficient and economical for Client.
VI. EXPENSES. The PWPR fee covers account time. Authorized expenses such as printing, production,
photography, costs for traveling outside the Denver metro area, and electronic and video clipping services are itemized and
billed monthly by PWPR at net cost without markup. Other expenses such as postage, photocopies, mileage or travel within
the Denver metro area, long distance and cellular telephone calls, express and messenger services,broadcast facsimile services,
in-house press clipping service,and other necessary monthly out-of-pocket expenses are included in an administrative fee set at
5% of hourly fee billings. PWPR will not incur any major expenses exceeding $500 each on Client's behalf without prior
approval, and will obtain competitive bids on major production items. Client may be required to advance monies, as necessary,
for production costs and advertising placement.
VII. MONTHLY REPORTS AND STATEMENTS. A detailed report of the various activities carried out for
Client will accompany PWPR's itemized monthly statement for services and expenses. PWPR statements are issued on the
fifth(5th)day of each month and are payable upon receipt. If payment is not made within thirty(30)days from the date of the
statement, Client shall pay PWPR interest at the rate of 18%per annum on the unpaid balance, from the date of the statement
to the date payment is received by PWPR,plus all reasonable costs and expenses of collection on the unpaid balance, including
reasonable attorney's fees.
VIII. INDEMNIFICATION. In providing services pursuant to this Agreement, PWPR agrees to use and rely on
information, representations, reports or data furnished by Client. PWPR has no responsibility to determine the accuracy or
truthfulness of any such information. Moreover, Client agrees to protect, defend, hold harmless and indemnify PWPR from
and against all losses, claims, damages or liabilities which may be asserted against PWPR which arise out of PWPR's reliance
upon and authorized use of such information,representations,reports or data.
PWPR agrees to protect, defend, hold harmless and indemnify Client from and against all losses, damages or
liabilities which may be asserted against Client and which arise out of PWPR's negligence or recklessness,but such indemnity
shall not exceed the amount which PWPR receives under this Agreement as compensation for services provided.
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2004-3379
IX. CONFIDENTIAL INFORMATION. In connection with its duties pursuant to this Agreement, PWPR
recognizes and acknowledges that it may have access to confidential and proprietary information of Client and that such
information constitutes valuable, special and unique property of Client. PWPR will not use such information for its own
benefit outside this Agreement or disclose any such confidential and proprietary information to any person or firm, city,
corporation or other entity for any reason or purpose whatsoever other than to authorized agents and other necessary parties
(who agree to hold such information in confidence),or as required by law or regulation, without the prior written permission of
Client, and will use such information only for the purpose of completing the tasks contemplated by this Agreement and as
necessary to comply with federal, state or local laws or regulations.
X. PARTIES' RELATIONSHIP. At all times throughout the Term of this Agreement, PWPR is acting as an
independent contractor, free from the control, direction or supervision of Client and is not an employee of Client. Any persons
engaged by PWPR in the performance of its duties hereunder are solely the employees of PWPR. Any dispute between the
Parties shall be resolved through mediation or arbitration by a mutually agreeable arbitrator designated by the American
Arbitration Association.
XI. NOTICES. Any notice required or desired to be given hereunder shall be in writing and shall be considered
effective when delivered, if by personal delivery, upon receipt. If notice is sent by facsimile on a business day before 5:00
p.m., recipient time, which facsimile has been telephonically confirmed, notice is considered effective upon telephonic
confirmation. If notice is sent by facsimile after 5:00 p.m. on a business day or on any non-business day, said notice shall be
deemed received on the next business day. If sent by certified mail, return receipt requested, notice shall be deemed received
upon first attempted delivery, addressed as follows:
Peter J.Webb,President Glen Vaad
Peter Webb Public Relations, Inc. Weld County Commissioners Office
6025 S. Quebec Street, Suite 360 915 Tenth Street,P. O. Box 758
Centennial,CO 80111 Greeley,CO 80632
Facsimile: 303/796-0440 Facsimile: 970/352-0242
XII. ASSIGNMENT. The rights and obligations of the Parties hereto shall not be assignable without the written
consent of the other party. This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their
respective successors and assigns.
XIII. MODIFICATION. No subsequent modification of any term(s)of this Agreement shall be valid,binding upon
the Parties hereto,their successors and assigns,or enforceable unless made in writing and signed by the Parties.
XIV. COMPLETE AGREEMENT. This Agreement constitutes the entire contract between the Parties relating to
the subject hereof and prior agreements pertaining hereto, whether oral or written, are merged and integrated into this
Agreement.
XV. ACCEPTANCE. Upon signature by the Parties' representative as provided for below, this Agreement shall
become effective pursuant to Section IV herein.
"PWPR" "Client"
PETER WEBB PUBLIC RELATIONS,INC. WELD COUNTY COMMISSIONERS OFFICE
6025 S. Quebec Street, Suite 360 915 Tenth Street,P.O.Box 758
Centennial, CO 80111 Greeley, 80632 NOV 1 5 2004
By: W ✓h By:
Peter J. Webb esident Title: K t R • Conrail S Sint cgs
Date: (i711/0 Date: /!////O V
Phone: 303/796-8888 Phone: _ 17O —3 Sao g000 k ywU
Fax: 303/796-0440 Fax: 97o -.7S2 - O 2 Y2-
E-mail: pwebb@pwpr.com E-mail: dWL&rdeitt /'U• Webd• CO, UsS
Federal Tax ID No.: 84-1309094 Federal Tax ID No.: Sr 000 F/3
Exhibit "A"
Peter Webb Public Relations,Inc.
Hourly Rate Schedule
Hourly rates for PWPR professional fees for calendar year 2004:
Principal $250.00
Vice President 175.00
Senior Counsel 175.00
Director of Client Services 175.00
Account Supervisor 150.00
Senior Account Manager 125.00
Account Manager 90.00
Account Coordinator 80.00
Account Assistant 70.00
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