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HomeMy WebLinkAbout20010536.tiff RESOLUTION RE: APPROVE AGREEMENT FOR TEMPORARY SERVICES OF COMMUNICATIONS TECHNICIAN AND AUTHORIZE CHAIR TO SIGN - SHANE SCOFIELD 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, the Board has been presented with a Agreement for Temporary Services of Communications Technician between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and Shane Scofield, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Temporary Services of Communications Technician between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and Shane Scofield be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: 4 /�� �� ' 6✓ '' 1 ®�� M. J. eile hair M.wv� Weld County Clerk to 8pEXCUSED . Glenn Vaad, Pro-Tem BY: Deputy Clerk to the B' William H. Jerke OV D AS TO ORM: EXCUSED David E. Long ounty Atto hey \ <o „ 1\1 Robert D. Masen 2001-0536 �C' .` e c 6-co eld CM0013 AGREEMENT FOR TEMPORARY SERVICES OF COMMUNICATIONS TECHNICIAN THIS AGREEMENT is made and entered into the date and year set forth below by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,whose address is P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County", and Shane M. Scofield, whose address is 5207 11th Street Road, Greeley, Colorado 80634, hereinafter referred to as "Communications Technician." WITNESSETH: WHEREAS, Weld County has received a grant from the State of Colorado to employ the services of a Communications Technician to perform computer and technical support for a new radio system to be installed and utilized by Weld County, with such services to include, but not necessarily to be limited to, technical support for the radio system, network system, paging, mobile data equipment, and general criminal justice system computer, and WHEREAS, said grant will be paid to Weld County for a period beginning upon the date of signature by the parties hereunder, to and until the date of final installation of the 800 MHz radio system infrastructure, as determined by the Weld County Director of Communications, and WHEREAS, Communications Technician has the qualifications necessary to perform said computer and technical support, and WHEREAS, Communications Technician and Weld County desire to enter into a written contract whereby Communications Technician will perform said computer and technical support services in accordance with the terms and conditions more particularly set forth hereinafter. NOW, THEREFORE, for and in consideration of the promises and mutual agreements contained herein, Weld County and Communications Technician hereby agree as follows: 1. Recitals The above recitals are incorporated herein by reference. 2. Term of Agreement This Agreement shall be effective for the period beginning upon the date of signature by the parties hereunder, to and until the date of final installation of the 800 MHz radio system infrastructure, as determined by the Weld County Director of Communications. Page 1 of 4 Pages aAf ol7/ 3' 2001-0536 3. Compensation In consideration of the services to be provided by Communications Technician as set forth hereinafter, Weld County agrees to pay Communications Technician the amount of $29.33 per hour, with said amount not to exceed$61,000 per year. Computer Technician shall be paid by Weld County on a monthly basis and all necessary deductions, such as FICA and State and Federal tax withholdings, shall be made from such monthly sum. In performing the services set forth herein, Communications Technician is entitled to the benefits afforded regular Weld County employees, with the exception of retirement benefits and grievance rights as defined in the Weld County Home Rule Charter and in the Weld County Personnel Policies Handbook, Article III of Weld County Code Ordinance 2000-1. 4. Communications Technician Services and Qualification Requirements A. Essential Duties and Responsibilities Communications Technician shall perform such duties as are assigned to him by the Communications Department staff of the City of Greeley. He shall receive direction and supervision from said Communications Department staff of the City of Greeley. B. Qualification Requirements Communications Technician represents that he possesses the knowledge and education and/or experience to accomplish the assigned duties. 5. Parties' Relationship The parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entities working in mutual cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an employee, agent, or servant of another party to this Agreement. Additionally,the parties hereby acknowledge and agree that Communications Technician is not an employee of Weld County, but is providing services as an independent contractor. 6. Insurance Communications Technician shall be covered by Weld County's standard liability and workers' compensation insurance while performing the computer and technical support services set forth herein. Page 2 of 4 Pages 7. Non-Assignment This Agreement shall not be assignable by either party. 8. Termination Either party may terminate this Agreement for any reason immediately upon notice to the other party. If this Agreement is so terminated, Communications Technician shall receive that compensation which duly reflects the actual number of hours during which Communications Technician provided services, pursuant to the terms of this Agreement. 9. Modification and Breach This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and the attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 10. 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 a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. 11. Records Each party agrees to keep any and all records and information confidential, in compliance with all laws and regulations concerning the confidentiality of such records. 12. Inurement This Agreement shall inure to the benefit of the heirs, assigns, and successors in interest of the parties hereto. Page 3 of 4 Pages 13. No Third Party Beneficiary Enforcement It is expressly understood and agreed that 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 contained 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 deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties have hereunto set their hand and seals on Ce , 2001. ATTEST: ����� COUNTY OF WELD, STATE OF iatetyldCOLORADO, BY AND THROUGH THE WELD COUNTY CLERK t~T T , . , .� % BOARD OF COUNTY COMMISSIONERS 1861 ((� � •Srtqs �1 OF WELD COUNTY i�0 BY: �/i_ _ �•e�i i ��� ,//,// Deputy Clerk to the Board M. J. eile, Chairman o 3-J 4J v COMMUNICATIONS TECHNICIAN _ Shan . Scofie c; y ;� ,, SUBSCRIBED AND SWORN t be'Sree m;`is n ay of re I) r lot y 2001. Pcn1 -� WITNESS my hand and official 3eia%, F Votary Public My commission expires: 024) Olt dc( Page 4 of 4 Pages Hello